
Pass H"ft 

Book ■ /■■■ ? 

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Department of Agriculture 



Agricultural Law 



OF THE 



STATE OF NEW YORK 



1893=1900 




ALBANY: 

JAMES B. LYON, STATE PRINTER. 

1900. 



ll I 



/-t^^yw / 



7 



STATE OF NEW YORK 



Department of Agriculture 



3f 

a: 



AGRICULTURAL LAW 



OF THE 



STATE OF NEW YORK 



I 893- 1900 



ALBANY: 
JAMES B. LYON, STATE PRINTER. 

1900. 



CONTENTS 



LAWS OF 1893. page. 

Chap. 338. Agricultural Law (chap. 33, General Laws) 7-36 

General provisions (article 1) 7 

Dairy products (article 2) 13 

Adulterated vinegar (article 3) 22 

Diseases of domestic animals (article 4) 22 

Miscellaneous provisions (article 5) 26 

Chap. 570. Amending Code of Criminal Procedure, relative to vio- 
lations of the Agricultural Law 36 

Chap. 332. Schedule of laws repealed 38 

Section 408a of the Penal Code 37 

LAWS OF 1894. 

Chap. 143. Amending section 25 of chapter 338, Laws of 1893 39 

Chap. 153. Establishing State veterinary college at Cornell Univer- 
sity 40 

Chap. 241. Amending sections 88 and 89 of chapter 338, Laws of 

1893 40 

Chap. 376. Amending section 87 of chapter 338, Laws of 1893 43 

Chap. 426. Amending section 26 of chapter 338, Laws of 1893, and 

section 408a of the Penal Code 44 

Chap. 640. Amending section 91 of article 5 of Agricultural Law 

(chap. 338, Laws 1893) 45 

Chap. 675. Amending sections 85 and 87 of chapter 338, Laws of 

1893 46 

Schedule of laws repealed 49 

LAWS OF 1895. 

Chap. 70. Compromise of certain claims in favor of the State 50 

Chap. 134. Act to amend Agricultural Law in relation to agents 
appointed to investigate the disease of yellows or 
black knot , 51 

Chap. 395. Repealing articles 6 and 7 of the Agricultural Law and 

enacting new article 6 52 

Chap. 587. Amending chapter 338, Laws of 1893, by inserting new 
section 89, relating to distribution of moneys to agri- 
cultural societies , , 55 



4 



Chap. 820. Amending section 88 of chapter 338, Laws of 1893, and 
appropriating moneys derived from the provisions of 
chapter 479, Laws of 1887, as amended by chapter 197, 
Laws of 1894 56 

Chap. 821. Amending the Executive Law, relating to the duties and 

powers of the Attorney-General 59 

LAWS OF 1896. 

Chap. 221. Amending section 88 of chapter 338, Laws of 1893, and 
appropriating moneys derived from the provisions of 
chapter 479, Laws of 1887, as amended by chapter 
197, Laws of 1894 61 

LAWS OF 1897. 

Chap. 128. Act making appropriation for promotion of agriculture 

at Cornell University 66 

Chap. 500. Act amending Agricultural Law, relative to the promo- 
tion of sugar beet culture 67 

Chap. 554. Amending section 37 of chapter 338, Laws of 1898, and 

section 408a of the Penal Code 71 

Chap. 589. Amending section 88 of chapter 338, Laws of 1893, and 
appropriating moneys derived from the provisions of 
chapter 479, Laws of 1887, as amended by chapter 
197, Laws of 1894 73 

Chap. 768. Act amending section 26 of chapter 338, Laws of 1893. . 77 

LAWS OF 1898. 

Chap. 110. Act amending Code of Civil Procedure, relating to recov- 
ery of costs 79 

Chap. 113. Act amending Agricultural Law to prevent fraud in 

sale of paris green 79 

Chap. 153. Act amending section 32 of chapter 338, Laws of 1893, 

in relation to receptacles for butter 81 

Chap. 194. Act amending section 91 of chapter 338, Laws of 1893, 

relative to maple sugar and syrup 82 

Chap. 412. Act to prevent the adulteration of and deception in the 

sale of linseed or flaxseed oil 84 

Chap. 482. Act amending sections 82 and 83, and repealing section 
84 of chapter 338, Laws of 1898, relating to preven- 
tion of disease in trees (San Jose Scale Law) 86 

Chap. 491. Act amending chapter 338, Laws of 1893, by adding 
sections 71, 72 and 73, relating to sale and transporta- 
tion of calves (Bob Veal Law) 89 

Chap. 494. Act amending section 88 of chapter 338, Laws of 1893, 
relating to apportionment of moneys to agricultural 
societies 91 



5 

PAGB. 

Oliap. 557. Act amend ing section 12 of chapter 338, Laws of 1893, 

relating"!*) inspection of dairy products 95 

Chap. 558. Act amending section 37 of chapter 338, Laws of 1893, 

relating to penalties 97 

Liap. 559. Act amending section 33 of chapter 338, Laws of 1893, 

relative to branding of cheese 98 

LAWS OF 1899. 

Chap. 13. Act making an appropriation to continue the promotion 

of sugar beet culture 100 

Chap. 101. Act amending section 75 of chapter 338 of the Laws of 

1893, relative to the weighing of sugar beets 101 

Chap. 149. Act amending section 27 of chapter 338 of the Laws of 
1893, in relation to process butter and use of preserva- 
tives in daily products 102 

Chap. 223. Act amending sections SO and 81 of chapter 33S of the 
Laws of 1893, relative to prevention of diseases among 
bees 104 

Chap. 303. Act amending section 729 of chapter 338 of the Laws 
of 1893, relative to the promotion of sugar beet cul- 
ture 105 

Chap. 435. Act amending section 37 of chapter 338 of the Laws of 

1893, relative to penalties 106 

Chap. 510. Act amending chapter 338, Laws of 1893, by adding 
article §T relative to the sale and analysis of concen- 
trated feeding stuffs 108 

Chap. 518. Act amending chapter 338, Laws of 1893, by adding 
section 294, relating to the manufacture and use of 
coloring matter in food products 112 

LAWS OF 1900. 

Chap. 76. Act amending section 37 of the Agricultural Law, rela- 
tive to penalties 113 

Chap. 79. Act amending section 123 of the Agricultural Law, rela- 
tive to license fees for selling concentrated feeding 
stuffs 114 

Chaps. 87 and 339. Acts amending section 88 of the Agricultural 
Law, relative to distribution of moneys to agricultural 
societies 116, 122 

Chap. 101. Act amending section 22 of the Agricultural Law, rela- 
tive to the sale of adulterated milk or cream 121 

Chap. 118. Act amending sections 60 and 65 of the Agricultural 
Law, relating to the suppression of infectious and con- 
tagious diseases among domestic animals 121 



6 

PAGE. 

< Ihap. 346. Amending the Agricultural Law. relative to State fairs. 128 

Chap. 390. Act providing for horticultural investigations, etc., at 

New York Agricultural Experiment Station 131 

Chap. 394. Act ma king appropriat ion of moneys collected from 

racing associations 131 

Chap. 534. Act amending section 27 of the Agricultural Law, rela- 
tive to violations 132 

Chap. 544. Act amending section 23 of the Agricultural Law, re-la- 

""tive to tests for ascertaining amount of fats in milk. . 134 

Chap. 559. Act amending section 37 of chapter 338 of the Laws of 
1893, relating to penalties for watering milk furnished 
to butter and cheese factories conducted on the co- 
operative plan 135 

MISCELLANEOUS LAWS, 1900. 

An act to prevent the application of poison to fruit trees 

while in blossom 138 

Act amen ding Membership Corporations Law, relative to 
policemen on exhibition grounds of agricultural and 
horticultural corporations 139 

Act making appropriation for promotion of sugar beet 
culture 141 

Act amending Domestic Commerce Law, relative to un- 
lawful detention of milk cans 142 



Chap. 


171. 


Chap. 


333. 


Chap. 


344. 


Chap. 


543. 



AGRICULTURAL LAW. 



CHAPTER 338. 

AN ACT in relation to agriculture, constituting articles one, two, 

three, four and five of chapter thirty-three of the general laws. 
Approved by the Governor April 10, 1893. Passed, three-fifths being 

present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

CHAPTER XXXIII OF THE GENERAL LAWS. 
The Agricultural Law. 
Article 1. General provisions. (§§ 1-12.) 

2. Dairy products. (§§ 20-37.) 

3. Adulterated vinegar. (§§ 50-53.) 

4. Diseases of domestic animals. (§§ 60-71.) 
*5. Miscellaneous provisions. (§§ 80-90.) 

t6. Forest preserve. (§§ 100-116.) 
f7. Adirondack park. (§§ 120-127.) 
$8. Paris green. (§§ 110-114.) 

§9. Regulating sale and analysis of concentrated feeding stuffs. 
(§§ 120-127.) 

ARTICLE I. 
General Provisions. 
Section 1. Short title. 

2. Commissioner of agriculture. 

3. Power of commissioner, his assistants and employes. 

4. Expert butter and cheesemakers. 

5. Annual report. 

6. Certificate of chemist presumptive evidence. 

7. Evidence; principal's liability for acts of agent. 

8. Prosecution for penalty. 

9. Disposal of fines and moneys recovered. 

10. When injunction may be obtained. 

11. When prosecution shall not be compelled to elect 

12. Inspection, how conducted. 

♦Chapter 500, Laws of 1897, made new article 5, and articles 5 and 6 are made article* 
6 and 7. 
t Repealed and new article 6 enacted by chapter 395, Laws of 1895. 
% New article 8 enacted by chapter 113, Laws of 1898. 
§ New article 9 enacted by chapter 510 of the Laws of 1899. 



8 

§ 1. Short title. This chapter shall be known as the agricul- 
tural law. 

§ 2. Commissioner of Agriculture. There shall be a depart- 
ment of the state government known as the department of agricul 
ture, which shall be charged with the execution of the laws relat- 
ing to agriculture and agricultural products. The commissioner 
of agriculture shall be the chief of the department. The New 
York state dairy commissioner shall be the commissioner of agri- 
culture until his successor shall be appointed and qualified. The 
commissioner of agriculture shall be appointed by the governor, 
by and with the advice and consent of the senate. His term of 
office shall be three years. He shall be paid an annual salary of 
four thousand dollars and his necessary expenses not to exceed 
five hundred dollars, incurred in the discharge of his official 
duties. He may appoint a director of farmers' institutes and such 
clerks and assistant commissioners and employ such clerks, chem- 
ists, agents and counsel as he may deem necessary for the proper 
enforcement of such laws and the proper administration of the 
department, who shall receive such compensation as may be fixed 
by him and their necessary expenses. The compensation of his 
clerks, assistants and other persons employed by him and such 
necessary expenses shall be paid on his certificate by the treasurer 
on the warrant of the comptroller. All other charges, accounts 
and expenses of the department authorized by law shall be paid 
by the treasurer on the warrant of the comptroller, after they 
have been audited and allowed by the comptroller. The trustees 
of public buildings shall furnish suitable rooms for the use of the 
department in the new capitol. 

§ 3. Powers of the commissioners,* his assistant and em- 
ployes. The commissioner of agriculture, his clerks, assistants, 
experts, chemists, agents and counsel employed by him, shall have 
full access to all places of business, factories, farms, buildings, 
carriages, cars and vessels used in the manufacture, sale or trans- 
portation within the state of any dairy products or any imitatiou 
thereof, or of any article or product with respect to which any 
authority is conferred by this chapter on such commissioner. 
They may examine and open any package, can or vessel containing 

* So in the original. 



or believed to contain any article or product, which may be manu- 
factured, sold or exposed for sale in violation of the provisions of 
this chapter, and may inspect the contents therein, and take there- 
from samples for analysis. 

§ 4. Expert butter and cheesemakers. The commissioner of 
agriculture may appoint and employ not more than five expert 
butter and cheesemakers, who shall, under his direction, examine 
and inspect butter and cheese factories and attend at agricultural 
fairs, societies and meetings designated by the commissioner, to 
impart thereat information as to the best and most approved 
method of making butter and cheese and improving the quality 
thereof. 

§ 5. Annual report. The commissioner of agriculture shall 
make an annual report to the legislature on or before January 
fifteenth, of his work and proceedings for the year ending Septem- 
ber thirtieth, next preceding which shall include a statement in 
detail of the number of assistant commissioners, chemists, experts, 
agents, and counsel employed under the provisions of this chapter 
during such year, and their compensation, expenses and disburse- 
ments; and also a statement in detail of the expenditures of 
moneys appropriated for the state agricultural society, the county 
agricultural societies and the New York agricultural experiment 
station; and other agricultural purposes and estimates of the 
amounts required for all such purposes for the ensuing year. He 
may require the state agricultural society and the county agri- 
cultural societies to make reports to him and prescribe the form 
of such reports. 

§ 6. Certificate of chemist presumptive evidence. Every cer- 
tificate, duly signed and acknowledged, of a chemist, analyst or 
other expert employed by the commissioner of agriculture or any 
analysis, examination or investigation made by such analyst, 
chemist or expert with respect to any matter or product which the 
commissioner has authority to examine or cause to be examined, 
shall be presumptive evidence of the facts therein stated. 

People v. Kibler, 106 N. Y. 321. 

People v. West, Id. 293. 

People v. Schaeffer, 41 Hun, 23. 

People v. Mahaney, Id. 26. 

People v. Eddy, 12 N. Y. Supp. 628. 

People v. Thompson, 14 Id. 819. 



10 

§ 7. Evidence ; principal's liability for act of agent. The doing 
i>f anything prohibited by this chapter shall be evidence of the 
violation of the provisions of this chapter relating to the thing 
so prohibited and the omission to do anything directed to be done 
shall be evidence of a violation of the provisions of the chapter 
relative to the thing so directed to be done. The intent of any 
person doing or omitting to do any such act is immaterial in any 
prosecution for a violation of the provisions of this chapter. Any 
person who suffers, permits or allows any violation of the pro- 
visions of this chapter by his agent or servant, or in any room or 
building occupied or controlled by him, shall be deemed a princi- 
pal in such violation and liable accordingly. 

Electric Power Co. v. Metropolitan Telephone and Telegraph 
Co., 75 Hun, 58; s. c, 57 State Rep. 57; 27 N. Y. Supp. 93. 

Fifth Avenue Bank v. Forty-second Street Ferry R. R. Co., 127 
N. Y. 231. 

§ 8. Prosecution for penalties. Whenever the commissioner 
of agriculture shall know or have reason to believe that any pen- 
alty has been incurred by any person for a violation of any of the 
provisions of this chapter, or that any sum has been forfeited by 
reason of any such violation, he may cause an action or proceeding 
to be brought in the name of the people for the recovery of the 

same. 

People v. Briggs & McQuade, 114 N. Y. 56. 

People v. Belknap, 58 Hun, 241. 

People v. Hodnet, 81 Id. 137. 

People v. Lamb, 85 Id. 171. 

People v. Salisbury, 2 App. Div. 30; s. c, 151 N. Y. 663. 

§ 9. Disposal of fines and moneys recovered. One half of all 
money recovered, either as penalties, forfeitures or otherwise, for 
the violation of any of the provisions of this chapter, and from 
fines imposed as a punishment for any criminal offense committed 
in violation of the provisions of this chapter, or of the penal code 
relating to the punishment of criminal offenses committed in vio- 
lation of the provisions of law for the prevention of frauds in the 
manufacture or sale of any of the articles or products to which 
this chapter relates, shall be paid by the court or the clerk thereof 
to the city or county where the recovery shall be had or fine col- 
lected for the benefit of the poor of such city or county, except in 



11 

the city and county of New York and the city of Brooklyn, where 
the same shall be paid to the proper authorities, and equally 
divided by them between the pension funds of the police and fire 
departments. The residue of such moneys shall be paid into the 
treasury of the state, and paid out by the treasurer, upon the 
warrant of the comptroller, for the purpose of defraying the 
expenses of the department of agriculture, audited by the comp- 
troller. The same disposal shall be made of all moneys recovered 
upon any bond given by any officer by virtue of the provisions of 
this chapter. 

§ 10. When injunctions may be obtained. In an action in the 
supreme court for the recovery of a penalty or forfeiture incurred 
for the violation of any of the provisions of this chapter an applica- 
tion may be made on the part of the people to the court or any jus- 
tice thereof for an injunction to restrain the defendant, his agents 
and employes from the further violation of such provisions. The 
court or justice to whom such application may be made, shall 
grant such injunction on proof, by affidavit, that the defendant 
has been guilty of the violations alleged in the complaint, or of a 
violation of any such provision subsequent to the commencement 
of the action, and in the same manner as injunctions are usually 
granted under the rules and practice of the court. No security on 
the part of the plaintiff shall be required, and costs of the applica- 
tion may be granted or refused in the discretion of the court or 
justice. If the plaintiff shall recover judgment in the action for 
any penalty or forfeiture demanded in the complaint, the judg- 
ment shall contain a permanent injunction, restraining the defend- 
ant, his agents and employes, from any further violation of such 
provision of this chapter. Any injunction, order or judgment ob- 
tained under this section may be served on the defendant by post- 
ing the same upon the outer door of the defendant's usual place 
of business, or where such violation was or may be committed, or 
in the manner required by the code of civil procedure, and the 
rules and practice of the court. Personal service of the injunction 
shall not be necessary when such service cannot be secured with 
reasonable diligence, but the service herein provided shall be 



12 

deemed sufficient in any proceeding for the violation of such in- 
junction. 

People v. Bouchard, 6 Misc. Rep. 459. 

§ 11. When prosecution shall not be compelled to elect. 
In an action for a penalty or forfeiture incurred by reason of the 
violation of the provisions of this chapter, when the complaint 
charges a violation of any two or all of such provisions, the plain- 
tiff shall not be compelled to elect between the counts under such 
different provisions, but shall be entitled to recover if it is found 
that a violation of any one of such provisions has been committed 
for which a penalty or forfeiture is imposed. 

People v. Briggs & McQuade, 114 N. Y. 56. 

(Amended by chapter 557 of the Laws of 1898.) 
§ 12. Inspection, how conducted. When the commissioner of 
agriculture, an assistant commissioner, or any person or officer 
authorized by the commissioner, or by this chapter, to examine or 
inspect any product manufactured or offered for sale shall in dis- 
charge of his duties take samples of such product, he shall take 
duplicate samples thereof in the presence of at least one witness, 
and he shall in the presence of such witness seal both of such sam- 
ples, and shall tender, and, if accepted, deliver at the time of 
taking one sample to the manufacturer or vendor of such product, 
or to the person having custody of the same, with a statement in 
writing of the cause of the taking of the sample. 

ARTICLE II. 

Dairy Products. 
Section 20. Definitions. 

21. Care and feed of cows. 

22. Prohibition of the sale of adulterated milk. 

23. Regulations in regard to butter and cheese factories. 

24. Cans to be branded with name of county. 

25. Regulations in regard to condensed milk. 

26. Manufacture and sale of imitation butter prohibited. 

27. Manufacture or mixing of animal fats with milk, cream or 

butter prohibited. 

28. Prohibited articles not to be furnished for use. 

29. Use of coloring matter prohibited. 

30. Manufacture and sale of imitation cheese prohibited. - 



13 

Section 31. When prohibitions do not apply to skim milk or skim cheese. 

32. Packages to be branded with name of maker. 

33. Manufacturer's brand of cheese. 

34. Use of false brand prohibited. 

35. County trade-marks. 

36. Object and intent of this article. 

37. Penalties. 

§ 20. Definitions. The terms, butter and cheese, when Used in 
this article, mean, the products of the dairy, usually known by 
those terms, which are manufactured exclusively from pure, un- 
adulterated milk or cream or both, with or without salt or rennet, 
and with or without coloring matter or sage. The terms oleomar- 
garine, butterine, imitation butter or imitation cheese, shall be 
construed to mean any article or substance in the semblance of 
butter or cheese not the usual product of the dairy, and not made 
exclusively of pure and unadulterated milk or cream, or any such 
article or substance into which any oil, lard or fat not produced 
from milk or cream enters as a component part, or into which 
melted butter or butter in any condition or state, or any oil thereof 
has been introduced to take the place of cream. The term, adul- 
terated milk, when so used, means: 

1. Milk containing more than eighty-eight per centum of water 
or fluids. 

2. Milk containing less than twelve per centum of milk solids. 

3. Milk containing less than three per centum of fats. 

4. Milk drawn from cows within fifteen days before and five 
days after parturition. 

5. Milk drawn from animals fed on distillery waste or any sub- 
stance in a state of fermentation or putrefaction or on any un- 
healthy food. 

6. Milk drawn from cows kept in a crowded or unhealthy con- 
dition. 

7. Milk from which any part of the cream has been removed. 

8. Milk which has been diluted with water or any other fluid, or 
to which has been added or into which has been introduced any 
foreign substance whatever. 

All adulterated milk shall be deemed unclean, unhealthy, im- 
pure and unwholesome. The terms, pure milk or unadulterated 
milk, when used singly or together mean sweet milk not adul- 



11 

terated, and the terms pure cream.' or unadulterated cream, when 
used singly or together mean cream taken from pure and unadul- 
terated milk. 

People v. Cipperly, 101 N. Y. 634; s. c. (dissenting opinion), 37 
Hun, 324. 

People v. Schaeffer, 41 Id. 23. 

People v. Kibler, 106 N. Y. 321. 

People v. West, Id. 293. 

People v. Eddy, 12 N. Y. Supp. 628. 

§ 21. Care and feed of cows. No person shall keep cows, for 
the production of milk for market or for sale or exchange, or for 
manufacturing the milk or cream from the same into any article of 
food, in a crowded or unhealthy condition, or feed any such cows 
on distillery waste or on any substance in the state of putrefaction 
or fermentation, or upon any food that-is unhealthy or that pro- 
duces impure, unhealthy, diseased or unwholesome milk. But 
this section shall not be construed to prohibit the feeding of en- 
silage. 

(Amended by chapter 101 of the Laws of 1900.) 
§ 22. Prohibition of the sale of adulterated milk. No per- 
son shall sell or exchange, or offer or expose for sale or exchange, 
any unclean, impure, unhealthy, adulterated or unwholesome milk 
or any cream from the same, or sell or exchange or offer or expose 
for sale or exchange any article of food made from such milk, or of 
or from cream from the same, or manufacture from any such milk 
or cream from the same, any article of food. 

People v. Cipperly, 101 N. Y. 634; s. c. (dissenting opinion), 37 

Hun, 324. 
People v. Schaeffer, 41 Id. 23. 
People v. Kibler, 106 N. Y. 321. 
.People v. West, Id. 293. 
People v. Eddy, 12 N. Y. Supp. 628. 

(Amended by chapter 544 of the Laws of 1900.) 
§ 23. Regulations in regard to butter and cheese factories. 
No person shall sell, supply or bring to be manufactured to any 
butter or cheese factory any milk diluted with water, or any 
unclean, impure, unhealthy, adulterated or unwholesome milk, or 
milk from which any of the cream has been taken, except pure 
skim milk to skim-cheese factories. No person shall sell, supply 



or bring to be manufactured to any butter or cheese factory any 
milk from which there has been kept back any part of the milk 
commonly known as strippings, or any milk that is sour, except 
pure skim milk to skim-cheese factories. The owner or proprie- 
tor or the persons having charge of any butter or cheese factory, 
not buying all the milk used by him, shall not use for his own 
benefit, or allow any of his employes or any other person to use 
for his own benefit, any milk, cream, butter or cheese or any other 
product thereof, brought to such factory, without the consent of 
the owners of such milk or the products thereof. Every butter or 
cheese manufacturer not buying all the milk he uses, shall keep a 
correct account of all the milk daily received, of the number of 
packages of butter and cheese made each day, and the number of 
packages and aggregate weight of cheese and butter disposed of 
each day; which account shall be open to inspection to any per- 
son who delivers milk to such factory. 

§ 24. Cans to be branded with the name of county. No per- 
son shall sell or offer or expose for sale or exchange any milk, 
except in the county where produced, unless each can, vessel or 
package containing such milk shall he distinctly and durably 
branded with letters not less than one inch in length and of a suit- 
able width to correspond with such length, and with suitable 
spaces between the letters, on the outside, above the center, on 
every can, vessel or package containing such milk, the name of the 
county from which the same is produced; and the same letters 
shall be branded or painted in a conspicuous place on the carriage 
or vehicle in which the milk is drawn to be sold; and such milk 
shall not be sold by the producer outside of the county in which 
it is produced, except in or out of a can, vessel, package or car- 
riage or vehicle so marked. The foregoing prohibitions and pro- 
visions of this section shall not apply when milk is sold or de- 
livered in glass bottles. No milk shall be sold or delivered in 
glass bottles, except in the county where produced, unless such 
bottles shall have legibly blown, stamped, engraved, etched, im- 
pressed or moulded in the glass, or otherwise produced upon such 
bottles, the name of the vendor, or the same is on a label or cover 



16 

affixed thereto, or there is some mark or device on or affixed to 
such bottles by which the vendor may be ascertained. 

People v. West, 106 N. Y. 293. 

People v. Hodnet, 68 Hun, 341; 22 N. Y. Supp. 809: 

People v. Eddy, 12 Id. 628. 

{Amended by section 1 of chapter 143 of the Laws of 1894.) 
§ 25. Regulations in regard to condensed milk. No con- 
densed milk shall be made or offered or exposed for sale or ex- 
change unless manufactured from pure, clean, healthy, fresh, un- 
adulterated and wholesome milk from which the cream has not 
been removed. No person shall manufacture, sell or offer for sale 
or exchange in hermetically sealed cans, any condensed milk, con- 
taining less than twenty-five per centum of butter fats and un- 
less put up in packages upon which shall be distinctly labeled or 
stamped the name of the persons or corporation by whom made 
and the brand by which or under which it is made. When con- 
densed milk shall be sold from cans or packages not hermetically 
sealed, the vendor shall brand or label such cans or packages 
with the name of the manufacturer of the milk contained therein. 

(Amended by section 1 of chapter 426 of the Laws of 1894, and 
section 1 of chapter 768 of the Laws of 1897.) 

§ 26. Manufacture and sale of imitation butter prohibited. 
No person by himself, his agents or employes, shall produce or 
manufacture out of or from any animal fats or animal or vegetable 
oils not produced from unadulterated milk or cream from the 
same, the article known as oleomargarine or any article or pro- 
duct in imitation or semblance of natural butter produced from 
pure, unadulterated milk or cream of the same; or mix, compound 
with or add to milk, cream or butter any acids or other deleterious 
substance or any animal fats or animal or vegetable oils not pro- 
duced from milk or cream, so as to produce any article or sub- 
stance or any human food in imitation or in the semblance of 
natural butter, nor sell, keep for sale or offer for sale any article, 
substance, or compound made, manufactured or produced in vio- 
lation of the provisions of this section, whether such article, sub- 
stance or compound shall be made or produced in this state or 
elsewhere. 



17 

People v. Marx, 99 N. Y. 377. 

People v. Arensberg, 40 Hun, 358; s. c, reversed, 103 N. Y. 388; 

105 Id. 123. 
People v. Kerin, 39 Hun, 631. 
People v. Mahaney, 41 Id. 26. 
People v. Hill, 44 Id. 472. 
Waterbury v. Newton, 50 N. J. L. 534. 
Powell v. Common wealth of Pennsylvania, 114 Penn. St. 265; 

127 U. S. 678. 
Plumley v. Commonwealth of Massachusetts, 155 U. S. 461; 15 

Sup. Ct. Rep. 154. 

(Amended by section 1 of chapter 149 of the Laws of 1899, and chap- 
ter 534 of the Laws of 1900.) 
§ 27. Manufacture of (*) mixing of animal fats with milk 
cream or butter prohibited. No person shall manufacture, mix 
or compound with or add to natural milk, cream or butter any ani- 
mal fats or animal or vegetable oils, nor make or manufacture any 
oleaginous substance not produced from milk or cream, with in- 
tent to sell the same as butter or cheese made from unadulterated 
milk or cream or have the same in his possession with such intent; 
nor shall any person solicit or take orders for the same or offer 
the same for sale, nor shall any such article or substance or com- 
pound so made or produced, be sold as and for butter or cheese 
the product of the dairy. No person shall coat, powder or color 
with annatto or any coloring matter whatever, butterine or oleo- 
margarine or any compound of the same or any product or manu- 
facture made in whole or in part from animal fats or animal or 
vegetable oils not produced from unadulterated milk or cream by 
imeans of which such product, manufacture or compound shall 
resemble butter or cheese, the product of the dairy; nor shall he 
have the same in his possession with intent to sell the same nor 
shall he sell or offer to sell the same. 

People v. Arensberg, 40 Hun, 358; s. c, reversed, 103 N. Y. 388; 
105 Id. 123. 

People v. Kerin, 39 Hun, 631. 

People v. Mahaney, 41 Id. 26. 

People v. Hill, 44 Id. 472. 

Waterbury v. Newton, 50 N. J. L. 534. 

Powell v. Commonwealth of Pennsylvania, 114 Penn. St. 265; 
127 U. S. 678. 

Plumley v. Commonwealth of Massachusetts, 155 U. S. 461; 15 
Sup. Ct. Rep. 154. 

•So in the original. 



18 

§ 28. Prohibited articles not to be furnished. No keeper or 
proprietor of any bakery, hotel, boarding-house, restaurant, 
saloon, lunch-counter or place of public entertainment, or any per- 
son having charge thereof or employed thereat, or any person fur- 
nishing board for any others than members of his own family, or 
for any employes where such board is furnished for a compensa- 
tion or as part of the compensation of any such employe, shall 
keep, use or serve therein either as food for his guests, boarders, 
patrons, customers or employes or for cooking purposes any 
article or substance made in violation of the provisions of this 
article. 

{Amended by chapter 518 of the Laws of 1899 by adding new 

section 29a.) 
§ 29. Use of coloring matter prohibited. No person manu- 
facturing with intent to sell any substance or article in imitation 
or semblance of butter or cheese not made exclusively from un- 
adulterated milk or cream or both, with salt or rennet or both 
and with or without coloring matter or sage, but into which any 
animal, intestinal or offal fats, or any oils or fats or oleaginous 
substance of any kind not produced from from* pure, unadulter- 
ated milk or cream, or into which melted butter, or butter in any 
condition or state or any modification of the same, or lard or tal- 
low shall be introduced, shall add thereto or combine therewith 
any annatto or compounds of the same, or any other substance or 
substances whatever, for the purpose or with the effect of impart- 
ing thereto a color resembling yellow, or any shade of yellow 
butter or cheese, nor introduce any such coloring -matter or other 
substance into any of the articles of which the same is composed. 

People v. Arensberg, 40 Hun, 358; s. c, reversed, 103 N. Y. 388; 

105 Id. 123. 
People v. Hill, 44 Hun, 472. 

{Section 29a added by chapter 518, Laws of 1899.) 
§ 30. Manufacture and sale of imitation cheese prohibited. 
No person shall manufacture, deal in, sell, offer or expose for sale 
or exchange any article or substance, in the semblance of or in imi- 
tation of cheese made exclusively of unadulterated milk or cream, 
or both, into which any animal, intestinal or offal fats or oils, or 

•So in the original. 



19 

melted butter or butter in any condition or state or modification 
otf the same, or oleaginous substances of any kind not produced 
from unadulterated milk or cream, shall be introduced. 

§ 3 1. When prohibition does not apply to skim-milk or skim- 
cheese. Except in the counties of New York and Kings, the pro- 
hibitions contained in this article against the sale of adulterated 
milk shall not apply to skim-milk, which is clean, pure, healthy, 
wholesome and unadulterated, except by skimming, sold for use 
in the county in which it is produced or an adjoining county, if it 
is sold for and as skimmed milk. The prohibitions in this article 
against the sale of cheese made from unadulterated milk or cream, 
shall not apply to pure skim-cheese made from milk which is 
clean, pure, healthy, wholesome and unadulterated, except by 
skimming. 

People v. Kibler, 106 N. Y. 321. 

(Amended by chapter 153 of the Laws of 1898.) 
§ 32. Packages to be branded with name of maker. No 
manufacturer of receptacles for the package of butter shall sell 
or dispose of any such receptacle without branding his name and 
the true weight of the receptacle upon the same with legible letters 
or figures not less than one-quarter of an inch in length. No per- 
Bon shall sell, or offer for sale, any package containing butter or 
lard packed by him unless the true weight thereof, with the initial 
letters of the name of the person packing such butter or lard, be 
marked or stamped in a legible manner on the side or head of such 
package. 

(Amended by chapter 559 of the Laws of 1898.) 
§ 33. Manufacturer's brand of cheese. Every manufacturer 
of full-milk cheese may put a brand upon each cheese indicating 
"full-milk cheese," and the date of the month and year when made, 
and no person shall use such a brand upon any cheese made from 
milk from which any of the cream has been taken. The commis- 
sioner of agriculture shall procure and issue to the cheese manu- 
facturers of the state on proper application therefor, and under 
*uch regulations as to the custody and use thereof as he may 
prescribe, a uniform stencil brand, bearing a suitable device or 
motto, and the words, "New York state full-cream cheese." Every 
such brand shall be used upon the outside of the cheese and upon 



20 

the package containing the same, and shall bear a different num- 
ber for each separate factory. The commissioner shall keep a 
book, in which shall be registered the name, location and number 
of each manufactory using the brand, and the name or names of 
the persons at each manufactory authorized to use the same. No 
such brand shall be used upon any other than full-cream cheese or 
packages containing the same. 

§ 34. Use of false brand prohibited. No person shall offer, 
sell, or expose for sale, in any package, butter or cheese which is 
falsely branded or labeled. 

§ 35. County trade marks. At a regular or special meeting 
of a county dairymen's association in any county of the state there 
may be adopted a county trade mark, by a majority of the mem- 
bers present and voting, to be used as a trade mark by am* person 
manufacturing pure unadulterated butter or full-cream cheese in 
such county. The secretary of the association shall forthwith 
send to the commissioner of agriculture a copy of such trade mark, 
which copy he shall place on file in his office, noting thereupon the 
day and hour he received the same. But one county trade mark 
for butter and for cheese shall be placed on file for the same 
county. No association shall adopt any trade mark of any county 
already on file, or use that of any other county in the formation of 
a trade mark. 

§ 36. Object and intent of this article. This article and each 
section thereof are declared to be enacted to prevent deception in 
the sale of dairy products, and to preserve the public health, which 
is endangered by the manufacture, sale and use of the articles or 
substances herein regulated or prohibited. 

(Amended by chapter 554 of the Laws of 1897, chapter 558 of the 
Laws of 1898, chapter 435 of the Laws of 1899, and chapters 76 
and 559 of the Laws of 1900.) 

§ 37. Penalties. Every person violating any of the provisions 
of this article shall forfeit to the people of the state of New York 
the sum of one hundred dollars for every such violation. When 
such violation consists of the manufacture or production of any 
prohibited article, each day during which or any part of which 
such manufacture or production is carried on or continued, shall 

*So in the original. 



21 

be deemed a separate violation of the provisions of this article. 
When the violation consists of the sale, or the offering or expos- 
ing for sale or exchange of any prohibited article or substance, 
the sale of each one of several packages shall constitute a separate 
violation, and each day on which any such article or substance 
is offered or exposed for sale or exchange shall constitute a sepa- 
rate violation of this article. When the use of any such article 
or substance is prohibited, each day during which or any part of 
which said article or substance is so used or furnished for use, 
shall constitute a separate violation, and the furnishing of the 
same for use to each person to whom the same may be furnished 
shall constitute a separate violation. 

People v. Waterbury, 44 Hun, 493. 

People v. Briggs & McQuade, 114 N. Y. 56. 

AETIGLE III. 

Adulterated Vinegar. 

Section 50. Definition of adulterated vinegar. 

51. Manufacture and sale of adulterated or imitation vinegar pro- 

hibited. 

52. Packages containing cider vinegar to be branded. 

53. Penalties. 

§ 50. Definition of adulterated vinegar. All vinegar which 
contains any proportion of lead, copper, sulphuric acid, or other 
ingredients injurious to health, or any artificial coloring matter 
or which has not an acidity equivalent to the presence of at least 
four and one-half per centum, by weight, of absolute acetic acid, 
or cider vinegar which has less than such an amount of acidity, or 
less than two per centum of cider vinegar solids on full evapora- 
tion over boiling water, shall be deemed adulterated. The term, 
cider vinegar, when used in this article means vinegar made ex- 
clusively from pure apple juice. 

§ 51. Manufacture and sale of adulterated or imitation 
vinegar prohibited. No person shall manufacture for sale, keep 
for sale or offer for sale: 

1. Any adulterated vinegar. 

2. Any vinegar or product in imitation or semblance of cider 
vinegar, which is not cider vinegar. 

3. As or for cider vinegar, any vinegar or product which is not 
cider vinegar. 



22 

§ 52. Packages containing cider vinegar to be branded. 
Every manufacturer or producer of cider vinegar shall plainly 
brand on the head of each cask, barrel keg or other package con- 
taining such vinegar, his name and place of business and the 
words "cider vinegar." And no person shall mark or brand as 
or for cider vinegar any package containing that which is not 
cider vinegar. 

§ 53. Penalties. Every person violating the provisions of this 
article shall forfeit and pay to the people of the state the sum of 
one hundred dollars for each violation. 

ARTICLE IV. 

Diseases op Domestic Animals. 

Section 60. Suppression of infectious or contagious disease. 

61. Commissioner to issue notice. 

62. Farms to be quarantined. 

63. Detention and destruction of animals. 

64. Employment of veterinary surgeons. 

65. Regulations and enforcement thereof. 

66. Penalties. 

67. Expenses. 

68. Compensation to owners of animals destroyed. 

69. Federal regulations. 

70. Rights of federal inspectors. 

(Amended by chapter 118 of the Laws of 1900.) 
§ 60. Suppression of infectious and contagious disease. 
Whenever any infectious or contagious disease except tuberculosis 
and glanders affecting domestic animals shall be brought into or 
break out in this state, the commissioner of agriculture shall 
take measures to promptly suppress the same, and to prevent such 
disease from spreading. 

§ 61. Commissioner to issue notice. He shall issue and pub- 
lish a notice, stating that a specified infectious or contagious dis- 
ease exists in any designated county or other geographical district 
of the state, and warning all persons to seclude in the premises 
where they may be at the time, all animals within such county or 
district, that are of a kind susceptible to contract such disease, and 
ordering all persons to take such precautions against the spread- 
ing of the disease, as the nature thereof may in his judgment 






23 

render necessary or expedient, and which he may specify in such 
notice. Such notice shall be published in such newspapers, and 
be posted in such manner as the commissioner may designate, and 
as, in his judgment, are most likely to give notice thereof. 

§ 62. Farms to be quarantined. The commissioner or an 
assistant commissioner, shall order any premises, farm or farms 
where such disease exists, or recently existed, to be put in quaran- 
tine, so that no domestic animal be removed from or brought to 
the premises or places quarantined, and shall prescribe such regu- 
lations as he may judge necessary or expedient to prevent the 
communication of the disease by infection or contagion, in any 
way from the places so quarantined. 

§ 63. Detention and destruction of animals. The commis- 
sioner or an assistant commissioner, may order all or any animals 
coming into the state to be detained at any place or places for the 
purpose of inspection and examination. He may prescribe regula- 
tions for the destruction of animals affected with infectious or 
contagious disease, and for the proper disposal of their hides and 
carcasses, and of all objects which might carry infection or con- 
tagion. Whenever, in his judgment necessary, for the more 
speedy and economical suppression or prevention of the spread of 
any such disease, he may cause to be slaughtered, and to, be after- 
wards disposed of, in such manner as he may deem expedient, any 
animal or animals, which, by contact or association with diseased 
animals, or by other exposure to infection or contagion, may be 
considered or suspected to be liable to contract or communicate 
the disease sought to be suppressed or prevented. 

§ 64. Employment of veterinary surgeons. The commissioner 
may employ such and so many medical and veterinary practition- 
ers and such other persons as he may, from time to time, deem 
necessary to assist him in discharging the duties imposed upon him 
by this article, and may fix their compensation. All persons now 
employed by the governor for such purposes shall continue in the 
employ of the commissioner upon the same terms, until such em- 
ployment shall be terminated or modified by the commissioner. 



24 

No animal shall be destroyed by the commissioner or by his order, 
on the ground that it is a diseased animal, unless first examined by 
a medical or veterinary practitioner in the employ of the commis- 
sioner under this section, nor until such practitioner renders a 
certificate to the effect that he has made such examination, that 
in his judgment such animal is affected with a specified infectious 
or contagious disease, or that its destruction is necessary in order 
to suppress or aid in suppressing such disease, or to prevent such 
disease, or to prevent the spread thereof specifying the reasons 
for such necessity. 

(Amended by chapter 118 of the Laws of 1900.) 
§ 65. Regulations and the enforcement thereof. The com- 
missioner may prescribe such regulations as in his judgment may 
be thought suited for the suppression or prevention of the spread 
of any such disease, and for the disinfection of all premises, build- 
ings, railway cars, vessels and other objects from or by means of 
which infection or contagion may take place or be conveyed. He 
may alter or modify, from time to time, as he may deem expedient, 
the terms of all notices, orders and regulations issued or made by 
him, and may at any time cancel or withdraw the same. He may 
call upon the sheriff or deputy sheriff, to carry out and enforce the 
provisions of any notice, order or regulation which he may make, 
and all such sheriffs and deputy sheriffs shall obey and observe all 
orders and instructions which they may receive from him in the 
premises. 

§ 66. Penalties. Any person violating, disobeying or disre- 
garding the terms of any notice, order or regulation, issued or 
prescribed by the commissioner under this article, shall forfeit 
to the people of the state the sum of one hundred dollars for 
every such violation. 

§ 67. Expenses. All expenses incurred by the commissioner 
in carrying out the provisions of this article and in performing 
the duties herein devolved upon him shall be audited by the comp- 
troller as extraordinary expenses of the department of agriculture, 
and paid out of any moneys in the treasury appropriated for such 
purposes. 



25 

§ 68. Compensation to owners of animals destroyed. The 
actual value at the time they are killed of any animals slaughtered 
under the provisions of this article, shall be paid to the owners of 
such animals. For the purpose of ascertaining and determining 
such value, the commissioner, or any agent appointed by him under 
this article, shall appoint one appraiser, the owner of the animals 
killed shall appoint another, and the two thus appointed shall 
select a third, and the three shall appraise the amount to be paid 
to the owner of the animals. The board of claims shall have exclu- 
sive jurisdiction to hear, audit and determine all claims which 
shall arise under the provisions of this article for compensation for 
animals slaughtered, and to allow thereon such sums as should 
be paid by the state. No compensation shall be made to any per- 
son who has willfully concealed the existence of disease among 
his animals or upon his premises, or who in any way by act or by 
willful neglect, has contributed to spread the disease sought to be 
suppressed or prevented. 

§ 69. Federal regulations. The commissioner of agriculture 
may accept, in behalf of the state, the rules and regulations pre- 
pared and adopted by the commissioner of agriculture or the secre- 
tary or department of agriculture of the United States, under any 
act of congress for the establishment of a bureau of animal indus- 
try or to prevent the exportation of diseased cattle or to provide 
means for the extirpation and suppression of pleuro-pneumonia 
and other contagious diseases among domestic animals and shall 
co-operate with the authorities of the United States in the enforce- 
ment of the provisions of any such act. 

§ 70. Rights of federal inspectors. The inspectors of the 
bureau of animal industry of the United States shall have the right 
of inspection, quarantine and condemnation of animals affected 
with any contagious, infectious or communicable disease, or sus- 
pected to be so affected or that may have been exposed to any 
such disease, and for such purposes they may enter upon any 
ground or premises; they may call the sheriffs, constables and 
peace officers to assist them in discharge of their duties in carrying 



26 

out the provisions of any such act; and all sheriffs, constables and 
peace officers shall assist such inspectors when so requested, and 
such inspectors shall have the same powers and protection as 
peace officers, while engaged in the discharge of their duties. 
This state shall not be liable for any damages or expenses caused 
or made by such inspectors. 

(Sections 71, 72 and 73 added by chapter 491 of the Laws of 1898.) 

ARTICLE V. 

(Made Article 6 by chapter 500 of the Laws of 1897.) 
Miscellaneous Provisions. 

Section 80. The prevention of diseases among bees. 

81. Proceedings of the agent of the commissioners. 

82. The prevention of disease in fruit trees. 

83. Appointment and duties of the agent of the commissioner of 

agriculture. 

84. Proceedings in case of owner's failure to destroy. 

85. The New York agricultural experiment station. 

86. The state weather bureau. 

87. The agricultural experiment station at Cornell university. 

88. Receipts and apportionment of state moneys appropriated for 

the promotion of agriculture. 

89. When agricultural societies entitled to additional sums from the 

state. 

90. Annual report of the commissioner of agriculture and state 

society. 

(Amended by section 1 of chapter 223 of the Laws of 1899.) 

§ 80. The prevention of diseases among bees. No per- 
son shall keep in his apiary any colony of bees affected with a con- 
tagious malady known as foul brood and every bee-keeper, when 
he becomes aware of the existence of such disease among his bees, 
shall destroy or cause to be destroyed forthwith all colonies thus 
affected. In any county any five or more actual bee-keepers of 
the county in which foul brood exists, may present to the commis- 
sioner of agriculture a petition setting forth that such disease ex- 
ists, or that the petitioners have reason to believe that it exists 
in such county, and the reasons of isuch belief and requesting him 
to appoint a competent person to prevent the spread of such dis- 
ease, and eradicate the same. 



27 

Upon the receipt of such petition the commissioner of agricul- 
ture shall within thirty days thereafter appoint some well-known 
and competent bee-keeper of the county as an agent of the commis- 
sioner who shall hold his office during the pleasure of the commis- 
sioner of agriculture, and who shall within ten days after his ap- 
pointment, file in the office of the county clerk of the county an 
acceptance of the appointment and constitutional oath of office. 

(Amended by section 2 of chapter 223 of the Laws of 1899.) 
§ 81. Proceedings of the agent of the commissioner. Upon 
written verified complaint of any two bee-keepers of the county 
to such agent, setting forth the existence of the disease, or that 
they have good reason to believe that it exists within the county, 
and the grounds of such belief, designating the apiary or apiaries 
wherein they believe it to be, such agent shall, without unneces- 
sary delay, examine the bees so designated. If satisfied that any 
colony or colonies of such bees are diseased with foul brood, he 
shall, without further disturbance to the bees, fix some designating 
mark upon each hive wherein the disease exists, and immediately 
notify the owners of the bees, or by leaving a written notice at 
his place of residence, if he be a resident of the county, and if not, 
by leaving the same with the person in charge of such bees, re- 
quiring him within five days from the date of the notice to effect- 
ually remove or destroy such hive with its entire contents by bury- 
ing them, or by fire. The agent of the commissioner shall be 
allowed for his services, under this section, two dollars for each 
full day spent by him in the discharge of his official duties, which 
shall be a county charge. 

(Amended by chapter 482 of the Laws of 1898.) 
§ 82. The prevention of disease in fruit trees. No person 
shall knowingly or willfully keep any peach, almond, apricot or 
nectarine tree affected with a contagious disease known as yel- 
lows, or offer for sale or shipment, or sell or ship to others any of 
the fruit thereof. Nor shall any person knowingly or willfully 
keep any plum, cherry or other trees infected with the contagious 
disease or fungus, known as black knot. Every such tree and the 



28 

fruit of a tree infected with yellows shall be a public nuisance, 
and no damages shall be awarded for entering upon premises and 
destroying such trees and fruit if infected with yellows or for cut- 
ting away the diseased part of any tree infected with black knot 
or altogether destroying such tree if necessary to suppress such 
disease, if done in accordance with the provisions of this article. 
Every person when he becomes aware of the existence of such 
disease in any tree or fruit owned by him, shall forthwith destroy 
or cause such tree or fruit to be destroyed or the infected part to be 
cut away. 

(Amended by chapter 134 of the Laws of 1895, and chapter 482 of 

the Laws of 1898.) 
§ 83. Appointment and duties of the agent of the commis- 
sioner of agriculture. When the commissioner of agriculture 
knows and has reason to believe that any such contagious disease 
exists, or that there is good reason to believe it exists, or danger is 
justly apprehended of its introduction in any town or city in the 
state, he shall forthwith appoint a competent freeholder of such 
town or city as his agent, who shall hold office during his pleasure 
and who shall within ten days after his appointment, file an ac- 
ceptance of the appointment, with the constitutional oath of office, 
in the office of the town clerk of the town. Such agent shall on 
or without complaint, whenever it comes to his notice that either 
of the diseases known as yellows or black knot exists or is sup- 
posed to exist within the limits of the town or city, proceed with- 
out delay to examine the trees or fruit supposed to be infected, 
and if the disease is found to exist, a distinguishing mark shall 
be placed upon the diseased trees. If the disease is the black knot, 
such distinguishing mark shall be placed on some affected part of 
the trees, or if in the judgment of such agent any such trees 
should be entirely destroyed, then the trunk of such tree shall be 
thoroughly girdled, and thereupon the owner notified personally, 
or by a written notice signed by such agent and left at his usual 
place of residence, or if a nonresident by leaving the notice with 
the person in charge of the trees or fruit, or in whose possession 
they may be. Such notice shall contain a statement of all the 



29 

facts found to exist, with an order to effectually remove and de- 
stroy by fire or otherwise the trees or parts of trees so marked and 
designated, within ten days, Sundays excepted, from the day of 
the service of the notice. In case of fruit so infected, the notice 
shall require the person in whose possession or control it is found, 
to immediately destroy the same or cause it to be done. 

(Repealed by chapter 4.82 of the Laws of 1898.) 
§ 84 Proceedings in case of owner's failure to destroy. 
If any person shall refuse or neglect to comply with the order of 
such agent to remove and destroy trees or parts of trees so marked 
by him, such agent shall cause such trees or parts of trees to be re- 
moved and destroyed forthwith, employing all necessary assist- 
ance for that purpose; and such agent or his employes may enter 
upon any and all premises within the town or city for the purpose 
of such removal and destruction. Such agent shall be entitled to 
compensation for his services under this and the preceding sec- 
tions at a rate of two dollars for each full day spent by him in the 
discharge of his duties, and the necessary disbursements paid or 
incurred by him, which with the expense and removal and destruc- 
tion of any such trees or fruit shall be a town charge. 

(Amended by section 1 of chapter 675 of the Laws of 1894.) 
§ 85. The New York agricultural experiment station. The 
institution known as the New York agricultural experiment sta- 
tion, established in the village of Geneva for the purpose of pro- 
moting agriculture in its various branches by scientific investiga- 
tion and experiment shall continue under the control and man- 
agement of a board of trustees. Such board of trustees shall be 
known as the board of control of the state experiment station and 
shall consist of nine members to be appointed by the governor 
whose term of office shall be three years. The governor shall be 
a member of the board by virtue of his office. Such board of con- 
trol shall annually elect a president from their own number and 
appoint a secretary and treasurer to hold their offices during the 
pleasure of the board. Such board of control shall have general 
management of the station and shall appoint a director to have 
oversight and management of the experiments and investigations 



30 

which shall be necessary to accomplish the objects of said institu- 
tion, and may employ competent and suitable chemists and other 
persons necessary for carrying on the work of the station. Such 
board shall have the direction of the expenditure of all moneys 
appropriated to the institution and annually make a full report 
to the commissioner of agriculture of their proceedings, receipts 
and expenditures. No member shall receive any compensation 
for his services as such ; but shall be paid his necessary traveling 
expenses and those expenses incurred by him by an actual attend- 
ance upon the meeting of such board. The board shall make such 
pules and regulations, subject to the approval of the commissioner 
of agriculture, as may from time to time become necessary to 
carry out the objects of the station. 

§ 86. The state tveather bureau. The state meteorological 
bureau and weather service, shall hereafter be known as the state 
weather bureau, and shall be under the control and management 
of the commissioner of agriculture. Such commissioner may ap- 
point the director of such bureau but such director shall not re- 
ceive any compensation for his services. The 'commissioner may 
continue the central office and station for meteorological observa- 
tion and experiment upon the grounds of Cornell university, 
and shall if practicable establish and supervise one or more volun- 
teer weather stations in each congressional district of the state, 
in co-operation with the chief of the United States weather 
bureau, for the purpose of increasing the usefulness of the weather 
service of the state and of the United States. The sum of four 
thousand five hundred dollars, or so much thereof as the commis- 
sioner deems necessary, shall be annually appropriated to be paid 
to the commissioner by the treasurer, upon the warrant of the 
comptroller, issued upon the vouchers of the commissioner, for 
necessary clerical services at such central office, for printing and 
distributing reports of the results and operations of such bureau, 
in such manner as shall be most serviceable to the people of the 
state, and for the purchase, preservation and repair of proper and 
necessary instruments for the work of such bureau and for the 



31 

reasonably necessary traveling and incidental expenses of such 
commissioner and director in the performance of their duties, and 
for such other expenses as such commissioner shall deem neces- 
sary for the efficient administration of such bureau. 

(Amended by section 1 of chapter 376 and section 1 of chapter 675 of 

the Laws of 1894.) 
§ 87. The agricultural experiment station at Cornell uni- 
versity. Cornell university is designated as the college within 
this state, solely entitled to receive the benefits of the act of 
congress of the United States approved March second, eighteen 
hundred and eighty-seven, entitled "An act to establish agricul- 
tural experiment stations in connection with the colleges estab- 
lished in the several states under the provisions of an act ap- 
proved July second, eighteen hundred and sixty-two, and of the 
acts supplementary thereto." All benefits of such act which this 
state is authorized thereby to apply to any college, institution or 
agricultural experiment station within this state, are applied to 
the agricultural experiment station established under the direc- 
tion of Cornell university, and this state consents that all appro- 
priation, moneys or benefits to or for the use of this state, or of 
any institution within this state, payable under or in pursuance 
of such act of congress shall be paid to the treasurer of Cornell 
university, the officer designated to receive the same, to be ex- 
pended as provided in such act of congress. Such experiment 
station shall annually, on or before the first day of February, make 
to the commissioner of agriculture, a full and detailed report of 
its operations, including a statement of its receipts and expen- 
ditures. 

(Amended by section 1 of chapter 241 of the Laws of 1894, section 
1 of chapter 820 of the Laws of 1895, section 1 of chapter 221 of 
the Latvs of 1896, section 1 of chapter 589 of the Laws of 1897, 
chapter 494 of the Latvs of 1898, and chapters 87 and 339 of the 
Laws of 1900.) 

§ 88. Receipts and apportionments of state moneys appro- 
priated for the promotion of agriculture. The moneys appro- 
priated for the promotion of agriculture in this state shall be dis- 
tributed among the various county agricultural societies, the 



32 

state agricultural society and the American institute in the city 
of New York in such proportion that out of every eight thousand 
dollars so distributed, each county society, the state society and 
said institute shall receive the number of dollars set opposite to 
it in the following schedule: 

Albany f 205 00 

Allegany 101 99 

Broome 67 00 

Cattaraugus 86 00 

Oayuga 151 00 

Chautauqua 143 00 

Chemung 49 37 

Chenango 122 00 

Clinton 84 00 

Columbia 133 00 

Cortland 75 00 

Delaware 106 00 

Dutchess 157 00 

Erie 186 00 

Essex 71 00 

Franklin 50 00 

Fulton and Hamilton 60 00 

Genesee . 92 00 

Greene 91 00 

Herkimer 112 00 

Jefferson 183 00 

Kings 143 00 

Lewis. . 53 00 

Livingston 127 60 

Madison 120 00 

Monroe 194 00 

Montgomery 107 00 

American institute 950 00 

Niagara 93 00 

Oneida 255 00 

Onondaga 204 00 

Ontario. 130 00 



33 

Orange • f 152 00 

Orleans 75 00 

Oswego i31 00 

Otsego 148 00 

Putnam 38 00 

Queens 91 00 

Rensselaer 18C 00 

Richmond 34 00 

Rockland 36 00 

St. Lawrence 170 00 

Saratoga 121 00 

Schenectady 51 00 

Schoharie. 97 00 

Schuyler. 42 17 

Seneca 74 00 

Steuben 125 76 

Suffolk . 97 00 

Sullivan 47 00 

Tioga 61 00 

Tompkins 96 70 

Ulster 137 00 

Warren 40 00 

Washington 123 00 

Wayne 126 00 

Westchester 146 00 

Wyoming 97 41 

Yates 61 00 

State society 700 00 



In case a fractional part of eight thousand dollars is distributed, 
each society and the American institute shall receive such por- 
tion thereof as the amount to be received by it according to the 
foregoing schedule bears to eight thousand dollars. If there is 
no county agricultural society in any county, or it is not in active 
operation as such, the money which the county society of such 
"county would be entitled to receive under this article shall &§ 
3 



34 

apportioned among and paid to the several town agricultural 
societies in such county according to the amount of premiums 
paid, provided such town societies sustain a public fair with 
premium lists, which premium lists and reports of such town fairs 
shall be forwarded and made to the secretary of the state agricul- 
tural society. 

(Amended by section 2 of chapter 241 of the Laws of 1894, and re- 
pealed by chapter 654 of the Laws of 1894 ; re-enacted, with changes, 
by chapter 587 of the Laws of 1895.) 

§ 89. When agricultural societies entitled to additional 
sums from the state When any county agricultural society, or 
the American institute in the city of New York, shall raise by vol- 
untary subscription any sum of money, its president and treasurer 
shall make and subscribe an affidavit in duplicate of the formation 
of such society, and of its having raised a certain sum, specifying 
the amount, one of which affidavits shall be filed with the commis- 
sioner of agriculture and the other with the comptroller, who shall 
draw his warrant on the treasurer for a sum equal to the amount 
of such voluntary subscription, not exceeding the amount to which 
it would be entitled according to the apportionment in the last 
preceding section. Whenever the New York state agricultural 
society, the New York and New England agricultural society, 
the Western New York agricultural society, or the Interstate fair 
society shall annually raise, by voluntary subscription, not less 
than eight thousand dollars, for distribution by such society at 
its annual meeting and fair, as premiums on such articles pro- 
ductions and stock of the farm, and such improvements in farming 
machinery as they deem best calculated to promote the agricul- 
tural and stock-raising interests of this state, having special refer- 
ence to the net profits which accrue or are likely to accrue from 
the mode pursued of raising the crop or stock, or the fabrication 
of the articles offered, with the intention that the premiums shall 
be given for the encouragement of the most economical or profit- 
able mode in production; and shall so distribute such amount in 
such premiums; and the president and treasurer of such society 
shall make and subscribe a statement in duplicate verified by their 



35 

affidavit, of the fact that such sum has been so raised by voluntary 
subscription for such premiums, specifying the amount raised 
and that the same has been so distributed in premiums, and shall 
file one of such statements and affidavits in the office of the com- 
missioner of agriculture and the other in the office of the comp- 
troller; and such society shall offer in writing, signed by its presi- 
dent and treasurer, addressed to, and filed in the office of the 
comptroller, to act as the agent of the state in distributing such 
sum or sums of money, as the state may appropriate for distribu- 
tion as premiums at its annual meeting and fair for the promotion 
of agriculture, and the improvement of the breed of stock in this 
state, and shall execute to the people of this state a bond, signed 
in its name by its president and treasurer, with such sureties as 
the comptroller shall approve, conditioned for the faithful perform- 
ance of its duty, as such agent for such distribution, and shall 
file the same in the office of the comptroller, the state will appro- 
priate, in each case the sum of eight thousand dollars to be distri- 
buted by such society, as premiums on such articles, productions, 
stock and improvements as may be exhibited at its annual meeting 
and fair on the conditions hereinbefore named, provided, however, 
that before any portion of the sum so to be appropriated by the 
state shall be so distributed as premiums, the person, persons, 
company or association claiming the same, or to whom the same 
may be awarded, shall first deliver in writing, to the president of 
such society an accurate and complete description of the process, 
in preparing the soil, including the quantity and quality of the 
manure applied, in raising the crop and in feeding the animal, in- 
cluding the kind and quantity of food, as near as may be, and also 
of the expense and product of the crop, or of increase in the value 
of the animal, with the view of showing accurately the profit of 
cultivating the crop or of feeding or of fattening the animal. 

§ 90. Annual report to the commissioner of agriculture and 
state society. The president and treasurer of any agricultural 
society which receives any money of the state or acts as the agent 
of the state in the distribution of money of the state as premiums, 
Shall annually before the fifteenth of December, transmit to the 
commissioner of agriculture a detailed account of the expenditure 



36 

or distribution of all such moneys as shall have come into their 
hands during the preceding year, and of such other moneys as they 
may have received from voluntary contributions for distribution as 
premiums, stating to whom, and for what purpose paid, with the 
vouchers therefor. The presidents of the several county societies 
and of the American institute shall annually transmit in the month 
of December, to the executive committee of the New York state 
agricultural society, all such reports or returns as they are re- 
quired to demand from applicants, for premiums, together with an 
abstract of their proceedings during the year which shall be ex- 
amined by such executive committee, and that they shall condense, 
arrange and report the same, with a statement of their own pro- 
ceedings to the legislature on or before the first day of March in 
each year. 

(Amended by chapter 640 of the Laws of 1894, and chapter 194 of 

the Laws of 1898.) 
§ 91. This chapter shall take effect immediately. 



CHAPTER 570. 

AN ACT to amend the code of criminal procedure, relating to 

violations of the agricultural law. 

Approved by the Governor May 4, 1893. Passed, three-fifths being present 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section fifty-six of the code of criminal procedure is 
hereby amended to read as follows : 

§ 56. Jurisdiction of courts. Subject to the power of removal 
provided for in this chapter, courts of special sessions, except in 
the city and county of New York and the city of Albany, have in 
the first instance exclusive jurisdiction to hear and determine 
charges of misdemeanors committed within their respective coun- 
ties, as follows : 

35. All violations of the provisions of the agricultural law. 



37 



SECTION 408a OF THE PENAL CODE. 

(Amended oy chapter 426 of tJw Laws of 1894, and chapter 554 of 
the Laws of 1897.) 

Section 408a of the Penal Code provides as follows: 

408a. Violation of the agricultural law. Any person who 
disregards, disobeys or violates any proclamation, notice, order or 
regulation lawfully issued or prescribed by the commissioner of 
agriculture for the suppression or prevention of the spread of in- 
fectious or contagious diseases among domestic animals, or who 
violates any of the provisions of sections eighty and eighty-two 
of article five of the agricultural law is guilty of a misdemeanor; 
every person who violates any of the provisions of article two of 
said chapter is guilty of a misdemeanor and shall be punished by 
a fine of not less than twenty-five dollars nor more than two hun- 
dred dollars, or by imprisonment of not less than one month or 
more than six months or by both such fine and imprisonment, for 
the first offense. 



88 



EXTRACT FROM CHAPTER 332 OF THE LAWS OF 1893. 





SCHEDULE 


OF LAWS 


REPEALED. 




REVISED 


STATUTES. 




Sections. 


Part 


1, chapter 17, 


title 


3 






1-4. 












LAWS OF 


Chapter. 


Section. 


1841 


169. 
336. 
299. 
167. 
134. 
306. 
592. 
300. 
215. 
238. 
246. 
13. 
202. 
418. 
474. 
183. 
283. 
127. 
458. 
2S0. 
577. 

155. 
223. 
403. 
430. 
475. 
562. 
583. 
286. 
298. 
520. 
550. 
24. 
148. 
515. 
538. 
8. 
140. 
354. 
501. 
707. 






All, except §§ 3 and 6. 
All. 


1844 






1848 






All, except §§ 3 and 6. 
All. 


1869 






1878 






All. 


1879 






All. 


1880 






All. 


1881 






All. 


1882 






All. 


1882 






All. 


1882 






All. 


1883 






All. 


1884 






All. 


1884 






All. 


1884. . 






All. 


1885. . 






All, except § 26. 
All. 


1885 






1885 






All. 


1885 






All. 


1886 






All. 


1886 






All, except that part of 


1887 






§ 6 designated as § 24. 
All. 


1887 






All. 


1887 






All. 


1887 






All. 


1887 






All. 


1887 






All. 








All. 


1888 






All. 








All. 


1888 






All. 








All. 


1889 






All. 








All. 


1889 






All. 








All. 


1890 






All. 








All. 


1891 






1, 2. 








All. 


1892 






All. 











LAWS OK 1894. 



CHAPTER 143. 

AN ACT to amend the agricultural law relating to condensed 

milk. 

Became a law March 19, 1894, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twenty-five of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled "An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the gen- 
eral laws," as amended by chapter five hundred and sixty-four of 
the laws of eighteen hundred and ninety-three, is hereby amended 
so as to read as follows: 

§ 25. Regulations in regard to condensed milk. No con- 
densed milk shall be made or offered or exposed for sale or ex- 
change unless manufactured from pure, clean, healthy, fresh, un- 
adulterated and wholesome milk from which the cream has not 
been removed either wholly or in part, or unless the proportion of 
milk solids shall be in quantity the equivalent of twelve per 
centum of milk solids in crude milk, and of which solids twenty- 
five per centum shall be fats. No person shall manufacture, sell 
or offer for sale or exchange in hermetically sealed cans, any con- 
densed milk unless put up in packages upon which shall be dis- 
tinctly labeled or stamped the name of the person or corporation 
by whom made and the brand by which or under which it is 
made. When condensed milk shall be sold from cans or pack- 
ages not hermetically sealed, the vendor shall brand or label such 
cans or packages with the name of the manufacturer of the milk 
contained therein. 

§ 2. This act shall take effect immediately. 



40 

CHAPTER 153. 

AN ACT to establish a state veterinary college at Cornell uni- 
versity. 

Became a law March 21, 1894, with the approval of the Governor. Passed, 
three-fifths being present 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. There is hereby established a state veterinary col- 
lege at Cornell university. For the purpose of constructing and 
equipping suitable buildings for such college upon the grounds of 
said university at Ithaca, New York, the sum: of fifty thousand 
dollars, or as much thereof as may be necessary, is hereby appro- 
priated, to be paid by the treasurer, upon the warrant of the comp- 
troller upon vouchers approved by the commissioner of agricul- 
ture to the Cornell university. No part of such moneys shall be 
expended until plans and specifications for the construction and 
equipment of such building, and of the location thereof, shall have 
been approved by the commissioner of agriculture, nor until the 
comptroller shall have certified that in his judgment the expense 
of the completion and equipment of such' buildings in accordance 
with such plans and specifications will not exceed the amount of 
such appropriation. Such buildings and equipment shall be the 
property of the state. 

§ 2. This act shall take effect immediately. 



CHAPTER 241. 

AN ACT to amend the agricultural law in relation to the distri- 
bution of money for agricultural purposes, and repealing cer- 
tain acts and parts of act®. 

Became a law April 3, 1894, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-eight, article five of chapter three 



41 

hundred and thirty-eight of the laws of eighteen hundred and 
ninety-three, entitled "An act in relation to agriculture, constitut- 
ing articles one, two, three, four and five of the general laws," is 
hereby amended to read as follows: 

(Amended by section 1 of chapter 820 of the Laws of 1895, section 
1 of chapter 221 of the Laws of 1896, section 1 of chapter 589 
of the Laws of 1897, chapter 494 of the Laws of 1898, and chapters 
87 and 339 of the Laws of 1900.) 

§ 88. Receipts and apportionment of moneys for the promo- 
tion of agriculture. Money appropriated for the promotion of 
agriculture in this istate, the distribution of which is not other- 
wise provided by law, and money collected from racing associa- 
tions pursuant to chapter four hundred and seventy-nine of the 
laws of eighteen hundred and eighty-seven, shall be apportioned 
and distributed! by the comuttssioner of agriculture among the 
various county agricultural societies and the American institute 
in the city of New York, as follows: One-half thereof shall be 
apportioned and distributed equally, and the remainder in pro- 
portion to the actual premiums paid during the previous year by 
such societies and institute, exclusive of premiums paid for trials 
or tests of speed, skill or endurance of man or beast. If there is 
no county agricultural society in any county, or it is not in active 
operation as such, the money which the county society of such 
county would be entitled to receive under this article shall be 
apportioned among and paid to the several town agricultural 
societies in such county according to the amount of premiums 
paid, provided such town societies sustain a public fair with pre- 
mium lists, which premium lists and reports of such town fairs 
shall be forwarded and made to the commissioner of agriculture. 
§ 2. Section eighty-nine of said act is hereby amended to read 
as follows: 

(Repealed by chapter 654 of the Laws of 1894; re-enacted, with 
changes, by chapter 587 of the Laws of 1895.) 
§ 89. If any agricultural society, club or exposition other than 
the state agricultural society, which has held annual fairs during 
the past three years, shall, in any year, pay out at its annual , 
meeting or fair three thousand dollars, as premiums for the pro- 



42 

motion of agricultural interests, exclusive of premiums paid for 
trials of speed or endurance of man or beast, and the president 
and treasurer of such society, club or exposition shall make and 
subscribe a statement in duplicate, verified by their affidavit, of 
the fact that such sum has been so paid and distributed in pre- 
miums, and shall on or before the first day of December in such 
year, file one of such statements and affidavits in the office of the 
commissioner of agriculture, and the other in the office of the 
comptroller, and such society, club or exposition shall make an 
offer in writing, signed by its president and treasurer, addressed 
to and filed in the office of the comptroller, to act as the agent of 
the state in distributing such sum or sums of money as the state 
may appropriate for distribution as premiums at its annual meet- 
ing, and fair, for the promotion of agriculture, and the improve- 
ment of the breed of stock in this state, and the encouragement 
of the domestic and mechanic arts, and shall execute to the 
people of this state a bond, signed in its name by its president and 
treasurer, with such sureties, as the comptroller shall approve, 
conditioned for the faithful performance of its duty as such agent, 
for such distribution, and shall file the same in the office of the 
comptroller, the state will appropriate to each of such societies, 
clubs or expositions, the sum of two thousand dollars, to be dis- 
tributed by such society, club or exposition as premiums on such 
articles, productions, stock and improvements as may be exhib- 
ited at its annual meeting and fair on the conditions hereinbefore 
named. Provided, however, that if any such society, club or ex- 
position shall receive in any year two thousand dollars as herein 
provided, such society, club or exposition shall not receive any 
portion of the moneys collected from racing associations, pur- 
suant to chapter four hundred and seventy-nine of the laws of 
eighteen hundred and eighty-seven, or of moneys already appro- 
priated for the benefit of the county agricultural societies. 

§ 3. Section six of chapter four hundred and seventy-nine of the 
laws of eighteen hundred and eighty-seven, and chapter five hun- 
dred and eleven of the laws of eighteen hundred and ninety-two, 
% are hereby repealed. 

§ 4. This act shall take effect immediately. 



43 

CHAPTER 376. 

AN ACT to amend the agricultural law in relation to experiment 

stations. 

Became a law April 27, 1894, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-seven of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled "An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the gen- 
eral laws," is hereby amended so as to read as follows: 

§ 87. The Cornell university and the agricultural experiment 
station at Geneva, established by the laws of this state, are hereby 
designated as the institutions within this state to receive the 
benefits of the act of congress of the United States, approved 
March second, eighteen hundred and eighty-seven, entitled "An 
act to establish agricultural experiment stations in connection 
with the colleges established in the several states under the pro- 
visions of an act approved July second, eighteen hundred and 
sixty-two, and the acts supplementary thereto." All benefits of 
said act which this state is authorized to apply to any college, 
institution or agricultural experiment station, within this state, 
are hereby applied to the agricultural experiment station estab- 
lished under the direction of the Cornell university and the agri- 
cultural experiment station at Geneva, and this state hereby con- 
sents that all appropriations, moneys or benefits to or for the 
benefit of this state, or any institution within this state payable 
under or in pursuance of this act of congress shall be paid nine- 
tenths thereof to the officer of the Cornell university, designated 
to receive the same in accordance with said act, and one-tenth 
thereof to the officer of the agricultural experiment station at 
Geneva, designated to receive the same in accordance with said act 
of congress. Such experiment stations shall, annually, on or 
before the first day of February make, to the commissioner of 
agriculture, a full and detailed report of its operations, including 



44 

a statement of its receipts and expenditures for the year ending 
with the thirteenth day of September then next preceding. 
§ 2. This act shall take effect immediately. 



CHAPTER 426. 

AN ACT to amend the agricultural law and the penal code rela- 
tive to violations of the same. 

Became a law May 3, 1894, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twenty-six of the agricultural law isi amended 
as follows: 

(Amended by section 1 of chapter 768 of the Laws of 1897.) 
§ 26. Manufacture and sale of imitation butter prohibited. 
No person, by himself, his agents or employes, shall produce or 
manufacture out of or from any animal fats or animal or vegeta- 
ble oils not produced from unadulterated milk, or cream from the 
same, any article or product in imitation or semblance of natural 
butter produced from pure, unadulterated milk or cream of the 
same; nor shall any person solicit or take orders for the same, or 
offer the same for sale, or mix, compound with or add to milk, 
cream or butter any acids or other deleterious substance, or any 
animal fats or animal or vegetable oils not produced from milk or 
cream, so as to produce any article or substance or any human 
food in imitation or in semblance of natural butter, nor sell, keep 
for sale or offer for sale any article, substance or compound made, 
manufactured or produced in violation of the provisions of this 
section, whether such article, substance or compound shall be 
made or produced in this state or elsewhere. 

§ 2. Section four hundred and eight-a of the penal code is 
amended as follows: 

(Amended by chapter 554 of the Laws of 1897.) 

§ 408a. Violations of agricultural law. Any person who dis- 
regards, disobeys or violates any proclamation, notice, order or 
regulation, lawfully issued or prescribed by the commissioner of 



45 

Agriculture for the suppression or prevention of the spread of 
infectious or contagious diseases among domestic animals, or 
who violates any of the provisions of sections eighty and eighty- 
two of article five of the agricultural law, is guilty of a misde- 
meanor; every person who violates any of the provisions of 
article two of said chapter is guilty of a misdemeanor, and shall 
be punished by a fine of not less than twenty-five dollars nor more 
than two hundred dollars, or by imprisonment of not less than 
one month nor more than six months, or by both such fine and im- 
prisonment, for the first offense, and by six months imprisonment 
for the second offense; and any person who violates any of the 
provisions of article three of said chapter is guilty of a misde- 
meanor, and shall be punished by a fine of not less than fifty dol- 
lars nor more than one hundred dollars. 
§ 3. This act shall take effect immediately. 



CHAPTER 640. 

AN ACT to amend the agricultural law authorizing agricultural 
societies and corporations to lease their grounds. 

Became a law May 10, 1894, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

iSection 1. Section ninety-one, article five of the agricultural 
law is hereby amended to read as follows : 

(Amended by Chapter 194 of the Laws of 1898.) 
§ 91. Lease of grounds of agricultural societies and corpo- 
rations. Any agricultural society or corporation, owning or pos- 
sessing grounds in a county of this State having a population of 
more than three hundred thousand and less than six hundred 
thousand may lease such grounds for any lawful purpose except 
running races not inconsistent with the use thereof for the pur- 
poses of the society or corporation, for such time or times as said 
grounds may not be needed by any such agricultural society or 
corporation for its own purposes. 
§ 2. This act shall take effect immediately. 



46 
CHAPTER 675. 

AN ACT to amend the agricultural law, in relation to agricultural 
experiment stations within this state, and to make an appro- 
priation therefor. 

Became a law May 12, 1894, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Sections eighty-five and eighty-seven of chapter three 
hundred and thirty-eight of the laws of eighteen hundred and 
ninety-three, entitled "An act in relation to agriculture, constitut- 
ing articles one, two, three, four and five of chapter thirty-three of 
the general laws," are hereby amended to read as follows: 

§ 85 The New York Agricultural Experiment Station. The 
institution known as the New York Agricultural Experiment Sta- 
tion, established in the village of Geneva, for the purpose of pro- 
moting agriculture in its various branches by scientific investi- 
gation and experiment shall continue under the control and man- 
agement of a board of trustees. Such board of trustees shall be 
known as the board of control of the state experiment station and 
shall consist of nine members to be appointed by the governor 
whose term of office shall be three years. The governor shall be 
a member of the board by virtue of his office. Such board of con- 
trol shall annually elect a president from their own number and 
appoint a secretary and treasurer to hold their offices during the 
pleasure of the board. Such board of control shall have general 
management of the station and shall appoint a director to have 
oversight and management of the experiments and investigations 
which shall be necessary to accomplish the objects of said institu- 
tion, and may employ competent and suitable chemists and other 
persons necessary for carrying on the work of the station. Such 
board shall have the direction of the expenditure of all moneys 
appropriated to the institution and annually, on or before the first 
day of December, make aJuUjreporjLto the roTiaj iv is^ionerjDf agri- 
culture of their proceedings, receipts and expenditures, for the 
year ending "witETneTfiirtieth day" of 'September then next pre- 



47 

ceding. No member shall receive any compensation for his ser- 
vices as such; but shall be paid his necessary traveling expenses 
and those expenses incurred by him by an actual attendance upon 
the meeting of such board. The board shall make such rules and 
regulations, subject to the approval of the commissioner of agri- 
culture, as may from time to time become necessary to carry out 
the objects of the station. Such experiment station may, with the 
consent and approval of the commissioner of agriculture, appoint 
agricultural experts to assist such experiment station, in the 
second judicial department, in conducting scientific investigations 
and experiments in agriculture;' in disseminating agricultural 
knowledge by means of lectures or otherwise; ana in preparing 
and printing for free distribution the results of such investigations 
and experiments, and such other information as may be deemed 
desirable and profitable in promoting the agricultural interests 
of the state. Such experts may be removed by such experiment 
station, in its discretion, and niav be paid for their services such 
sum as it may deem reasonable and proper and as shall be ap- 
proved by the commissioner of agriculture. All nfaripVi y^nrk- hy 
such experiment station and by sjuch experts shall be under the 
general supervision and direction of the commissioner of agri- 
culture. 

§ 87. The Cornell university arid the agricultural experiment 
station at Geneva established by the laws of the state are hereby 
designated as the institutions within this state, entitled to receive 
such portion as the legislature shall determine of the benefits of 
the act of the congress of the United States, approved March 
second, eighteen hundred and eighty-seven, entitled " An act to 
establish agricultural experiment stations in connection with the 
colleges established in the several states, under the provisions of 
an act approved July second, eighteen hundred and sixty-two, and 
of the acts supplementary thereto." Such benefits of such acts 
which this state is authorized thereby to apply to any college, 
institution or agricultural experiment station within this state, 
are applied to the agricultural experiment station established 
under the direction of Cornell university and the agricultural ex- 
periment station at Geneva, and this state consents that such ap- 



48 

propriation, money or benefits to or for the use of this state, or of 
any institution within this state, payable under or in pursuance 
of such act of congress, shall be paid nine-tenths thereof to the 
treasurer. of Cornell university, the officer designated to receive 
the same, and one-tenth thereof to the officers of the agricultural 
experiment station at Geneva designated to receive the same, to 
be expended as provided in such act of congress. Such experi- 
ment station shall, annually, on or before the frrst day of Decem- 
ber, make, to the commissioner of agriculture, a full and detailed 
report of its operations, including a statement of its receipts and 
expenditures for the year, ending with the thirtieth day of Septem- 
ber then next preceding. Such experiment station may, with the 
consent and approval of the commissioner of agriculture, appoint 
horticultural experts to assist such experiment station, in the 
fifth judicial department, in conducting investigations and experi- 
ments in horticulture; in discovering and remedying the disease 
of plants, vines and fruit trees; in ascertaining the best means of 
fertilizing vineyard, fruit and garden plantations, and of making 
orchards, vineyards and gardens prolific; in disseminating horti- 
cultural knowledge by means of lectures or otherwise; and in pre- 
paring and printing for free distribution, the results of such in- 
vestigations and experiments, and such other information as may 
be deemed desirable and profitable in promoting the horticultural 
interests of the state. Such experts may be removed by such 
experiment station, in its discretion, and may be paid for their 
services such sum as it may deem reasonable and proper, and as 
shall be approved by the commissioner of agriculture. All of such 
work by such experiment station and by such experts shall be 
under the general supervision and direction of the commissioner 
of agriculture. 

§ 2. The treasurer of this state shall keep the account of all 
moneys hereafter received by him in pursuance. of such act of con- 
gress, in a separate fund, to the credit of the Cornell university 
and the agricultural experiment station at Geneva, in the pro- 
portion stated in section one of this act, and shall pay all such 
moneys immediately upon the receipt thereof by him to the officers 
respectively designated therein to receive the same, upon the 



49 



warrant of the comptroller, issued upon the order of the trustees 
of Cornell university and the board of control of the agricultural 
experiment station at Geneva, in pursuance of said act of con- 
gress, which said moneys are hereby appropriated for the purposes 
herein stated. 

§ 3. The sum of eight thousand dollars, or so much thereof as 
may be necessary, is hereby appropriated out of any money in the 
treasury not otherwise appropriated, to be paid to the New York 
State Agricultural Experiment Station, at Geneva, for the pur- 
pose of agricultural experiments, investigations, instruction and 
information, in the second judicial department, pursuant to sec- 
tion eighty-five of the agricultural law, and the sum of eight 
thousand dollars, or so much thereof as may be necessary, is 
hereby appropriated out of any moneys in the treasury, not other- 
wise appropriated, to be paid to the agricultural experiment 
station at Cornell university, for the purpose of horticultural ex- 
periments, investigations, instruction and information, in the fifth 
judicial department, pursuant to section eighty-seven of the agri- 
cultural law. Such money shall be paid by the treasurer upon the 
warrant of the comptroller, upon vouchers approved by the com- 
missioner of agriculture. 

§ 4. This act shall take effect immediately. 



LAWS REPEALED. 



LAWS OF 


i Chapter. 


Section. 


1887 


479 


6. 


1891 


354 


All. 


1892 


511 


All. 


1893 


338 


89. 









LAWS OK 1895. 



CHAPTER 70. 

AN ACT to authorize the commissioner of agriculture to settle 
and compromise certain claims in favor of the state for viola- 
tions of sections twenty-six, twenty-seven, twenty-eight and 
twenty-nine of the agricultural law, relating to the sale or use 
of oleomargarine, so called. 

Became a law March 4, 1895, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. The commissioner of agriculture, subject to the ap- 
proval in writing of the governor and attorney -general, is hereby 
authorized and empowered to settle, compromise and discharge 
all actions and causes of actions, or claims arising under the 
agricultural law since its passage to the passage of this act for any 
violation of sections twenty-six, twenty-seven, twenty-eight and 
twenty-nine of the agricultural law relating to the sale or use 
of oleomargarine, so called. 

§ 2. All moneys received pursuant to any such settlement shall 
be paid by said commissioner into the treasury of the state; and 
any settlement made pursuant to this act shall be reported by the 
said commissioner in his next annual report. 

§ 3. This act shall take effect immediately. 



51 

CHAPTER 134. 

AN ACT to amend the agricultural law, in relation to agents ap- 
pointed by the commissioner of agriculture to investigate the 
diseases of yellows or black knot. 

Became a law March 20, 1895, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-three of the agricultural law is 
amended to read as follows: 

(Amended oy chapter 482 of the Laws of 1898.) 

§ 83. Appointment and duties of th^ agents of the commis- 
sioner of agriculture. When the commissioner of agriculture 
has good reasoD to believe that any such contagious disease exists, 
or that there is danger of its introduction, in any town or city in 
the state, he shall, on the request of the town board of such town 
or the common council of such city, forthwith appoint a competent 
freeholder of such town or city as his agent, such freeholder to be 
recommended by the aforesaid town board or common council 
who shall within ten days after his appointment, file in the office 
of the clerk of such town or city his acceptance of the appointment 
and the constitutional oath of office. Such agent shall not 'hold 
office or be entitled to receive compensation for more than thirty 
days in the same calendar year, unless the supervisor of such town 
or the mayor of such city shall request an extension of term. 
If so requested the commissioner of agriculture may extend the 
term of such agent for the number of additional days, not exceed- 
ing thirty, specified in such request, and such agent shall be enti- 
tled to compensation accordingly. Such agent shall on or with- 
out complaint, whenever it comes to his notice that either of the 
diseases known as yellows or black knot exists or is supposed to 
exist within the limits of the town or city, proceed without delay 
to examine the trees or fruit supposed to be infected, and if the 
disease is found to exist, a distinguishing mark shall be placed 
upon the diseased trees. If the disease is the black knot, such 
distinguishing mark shall be placed on some affected part of the 



52 

trees, or if in the judgment of such agent any such trees should 
be entirely destroyed then the trunk of such tree shall be thor- 
oughly girdled, and thereupon the owner notified personally, or 
by a written notice signed by such agent and left at his usual 
place of residence, or if a non-resident, by leaving the notice with 
the person in charge of the trees or fruit, or in whose possession 
they may be. Such notice shall contain a statement of all the 
facts found to exist, with an order to effectually remove and des- 
troy by fire or otherwise the trees or parts of trees so marked and 
designated, within ten days, Sundays excepted, from the day of the 
service of the notice. In case of fruit so infected, the notice shall 
require the person in whose possession or control it is found, to 
immediately destroy the same or cause it to be done. 

§ 2. Every such agent of the commissioner of agriculture in 
-office when this act takes effect shall, if his duties require, con- 
tinue in office for ten days thereafter when his term shall expire. 
The commissioner of agriculture shall forthwith notify every such 
agent, in office when this act takes effect, that his term expires on 
the tenth day thereafter, but the failure to receive such notice 
shall not entitle any such agent to receive compensation after the 
expiration of his term. 

§ 3. This act shall take effect immediately. 



CHAPTER 395. 

AN ACT to amend the game law and to repeal chapter three hun- 
dred and thirty-two of the laws of eighteen hundred and ninety- 
three, entitled "An act in relation to the forest preserve and 
Adirondack park, constituting articles six and seven of chapter 
forty-three of the general laws." 

Became a law April 25, 1895, with the approval of the Governor. Passed, 

three-fifths being present 
*»*««« • « 

§ 6. The schedule of articles at the beginning of the agricultural 
law, chapter three hundred and thirty-eight of the laws of eighteen 
hundred and ninety-three, is hereby amended to read as follows: 



53 

CHAPTER XXXIII OF THE GENERAL LAWS. 

The Agricultural Law. 

Article 1. General provisions. (§§ 1-12.) 

2. Dairy products. (§§20-37.) 

3. Adulterated vinegar. (§§ 50-53.) 

4. Diseases of domestic animals. (§§ 60-71.) 

5. Miscellaneous provisions. (§§ 80-90.) 

6. Laws repealed. (§§ 100-101.) 

§ 7. The agricultural law is further amended by[ adding at the 
end thereof the following new article: 

j ARTICLE VI. 

(Made article 7 by chapter 500 of the Laws of 1898.) 

Laws Repealed. 
Section 100. Laws repealed. 

101. When to take effect. 

Schedule of laws repealed. 
§ 100. Laws repealed. Of the laws enumerated in the schedule 
hereto annexed, that portion specified in the last column Is re- 
pealed. 

§ 101. When to take effect. This chapter shall take effect im- 
mediately. 



54 



SCHEDULE OF LAWS REPEALED. 



REVISED STATUTES. 



Part 1, chapter 17, title 3, I 1-4 



Sections. 



LAWS OF 


Chapter. 


Sections. 


1841 


169 


All, except SS 3 and 6. 
All. 


1844 


336 


1848 


299 


All, except 53 3 and 6. 
All. 


1869 


167 


1878 


184 


All. 


1879 


306 


All. 


1880 


592 


All. 


1881 


300 


All. 


1882 


215 


All. 


1882 


238 


All. 


1882 


246 


All. 


1883 


13 


All. 


1884 


202 


All. 


1884 


418 


All. 


1884 


474 


All. 


1885 


183 


All, except S 26. 
All 


1885 


283 


1885 


127 


All 


1885 


458 


All. 


1886 


280 


All. 


1886 


577 


All, except that part of 
§ 6 designated as § 24. 
[ All. 


1887. 


155 


1887 


223 


All. 




403 


All. 


1887 


430 


All 




475 


All 


1887 


562 


All 




583 


All. 


1888 


286 


All. 


1888 


298 


All. 


1888 j 


520 


All 




550 


All 


1889 


24 


All. 




148 


All. 


1889 


515 


All 




538 


All. 


1890 


8 


All 


1891 


140 


All. 


1891 


354 


1 2 


1892 


501 


All. 


1892 


707 


All. 









bo 
CHAPTER 587. 

AN ACT to amend the agricultural law, relating to the distribu- 
tion of money appropriated for certain agricultural societies. 

Became a law May 9, 1895, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. The agricultural law, chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, is 
hereby amended by inserting therein a new section, eighty-nine, to 
read as follows: 

§ 89. Distribution of money appropriated for certain agri- 
cultural societies. Whenever in any year there shall be appro- 
priated the sum of twenty thousand dollars or more for the benefit 
of the several agricultural societies, clubs or expositions of the 
State, two thousand dollars of such amount shall be paid to every 
such society, club or exposition, which shall have held annual fairs 
or meetings during each of the three years next preceding such 
appropriation and which shall have paid at each of such annual 
fairs or meetings, during such three years, the sum of three thou- 
sand dollars as premiums for agricultural interests, exclusive of 
the premiums paid for trials or tests of speed, skill or endurance 
of man or beast. Such society, club or exposition shall annually 
before the first day of December in each year file in the office of 
the commissioner of agriculture a statement, verified by its presi- 
dent and treasurer, showing the payment of such premiums, with 
the amount and object thereof, together with the name of the 
persons to whom they were paid. A similarly verified duplicate 
of such statement shall be filed in the office of the comptroller. 
There shall at the same time be filed in the office of the comp- 
troller a written offer to the effect that such society, club or ex- 
position will act as the agent of the State for the distribution and 
payment of the money so appropriated as premiums at its annual 
fair or meeting for the promotion of agricultural interests, to- 
gether with a bond executed to the people of the State, signed in 



56 

its name by the president and treasurer thereof, in such amount 
and with such sureties as the comptroller shall approve, condi- 
tioned for the faithful performance of its duties as such agent. 
Any such society, club or exposition receiving such sum of two 
thousand dollars as herein provided shall hot receive any portion 
of the moneys collected from racing associations or moneys 
already appropriated for the benefit of county agricultural socie- 
ties. 
§ 2. This act shall take effect immediately. 



CHAPTER 820. 

AN ACT to amend the agricultural law relative to the distribu- 
tion of funds collected from associations incorporated for the 
purpose of improving the breed of horses, and making an ap- 
propriation in accordance therewith. 

Became a law May 29, 1895, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as folloivs: 

Section 1. Section eighty-eight of the agricultural law, as 
amended by chapter two hundred and forty-one of the laws of 
eighteen hundred and ninety-four, is hereby amended to read as 
follows : 

(Amended by section 1 of chapter 221 of the Laws of 1896, section 
1 of chapter 589 of the Laws of 1897, chapter 494 of the Laws of 
1898, and chapters 87 and 339 of the Laws of 1900.) 

§ 88. Receipts a id apportionment of moneys for the promo- 
tion of agriculture. Money appropriated for the promotion of 
agriculture in this state, the distribution of which is not otherwise 
provided for by law shall be apportioned and distributed by the 
commissioner of agriculture among the various county agricul- 
tural societies and the American Institute in the City of New 
York as follows: One-half thereof shall be apportioned and dis- 



57 

tributed equally and the remainder in proportion to the actual 
premiums paid during the previous year by such societies and 
institute, exclusive of premiums paid for trials or tests of speed, 
skill or endurance of man or beast. All revenues collected by the 
state comptroller and yet undistributed from the tax collected 
from racing associations, pursuant to chapter one hundred and 
ninety-seven of the laws of eighteen hundred and ninety-four, 
shall constitute a fund which shall be disbursed on behalf of the 
state for prizes for improving the breed of cattle, sheep and 
horses at the various fairs throughout the state, as hereinafter 
prescribed. Twenty-five per centum of the funds so collected 
shall be disbursed by the commissioner of agriculture among the 
agricultural societies, clubs or expositions of the state, which 
have not, previous to the passage of this act, received appropria- 
tions from the state as follows: One-third shall be apportioned 
and distributed equally, and the remainder in proportion to an- 
nual premiums paid during the past year by such society. Such 
sum shall only be paid to societies which have held fairs annually 
during each of the three years next preceding the passage of 
this act, and which have paid at their annual meeting or fairs 
during such three years, not less than one thousand dollars in 
the aggregate as premiums for agriculture, mechanical and do- 
mestic products, exclusive of the premiums paid for trials or 
tests of speed, skill or endurance of man or beast, and which 
shall file a statement of the amounts actually paid as such pre- 
miums during the past year, duly verified by the president and 
treasurer, with the commissioner of agriculture and the comp- 
troller on or before the first day of July, eighteen hundred and 
ninety-five. Seventy-five per centum of such funds shall be dis- 
bursed by the commissioner of agriculture among the various 
county agricultural societies throughout the state, and the Amer- 
ican Institute, in the city of New York, as follows: One-half shall 
be apportioned and distributed equally, and the remainder in 
proportion to the actual premiums paid during the previous year 
by such societies and institute, exclusive of premiums paid for 
trials or tests of speed, skill or endurance of man or beast. If 
there is no county agricultural society in any county, or it is not 



58 

in active operation as such, the money which the county society 
of such county would be entitled to receive under this article, 
shall be apportioned among and paid to the several town or 
other agricultural societies in such county according to the 
amount of premiums paid, provided such town societies sustain 
a public fair, with premium-list, which premium-list and reports 
of such town fairs shall be forwarded and made to the com- 
missioner of agriculture. All revenues, which shall be received 
by the comptroller, and not distributed as heretofore provided, 
and all moneys received by him from the tax collected from rac- 
ing associations pursuant to chapter one hundred and ninety- 
seven of the laws of eighteen hundred and ninety-four, or here- 
after otherwise collected from racing associations, corporations 
or clubs, shall constitute a fund which shall be annually disbursed 
on behalf of the state for prizes for improving the breed of cattle, 
sheep and horses at the various fairs throughout the state as 
hereinafter prescribed. Thirty per centum of the funds so col- 
lected shall be disbursed by the commissioner of agriculture 
among the agricultural societies, clubs or expositions of the state, 
which have not, previous to the passage of this act, received ap- 
propriations from the state, as follows: One-third shall be appor- 
tioned and distributed equally and the remainder in proportion 
to annual premiums paid during the previous year by such so- 
ciety. Such sums shall only be paid to societies which shall have 
held fairs annually during each of the three years next preceding 
the passage of this act, and which shall have paid at their annual 
meeting or fairs during such three years not less than one thou- 
sand dollars in the aggregate as premiums for agricultural, me- 
chanical and domestic products, exclusive of the premiums paid 
for trials or tests of speed, skill or endurance of man or beast. 
Seventy per centum of such funds shall be disbursed by the com- 
missioner of agriculture among the various county agricultural 
societies throughout the state, and the American Institute, in the 
city of New York, as follows: One-half shall be apportioned and 
distributed equally, and the remainder in proportion to the actual 
premiums paid during the previous years by such societies and 
institute, exclusive of premiums paid for trials or tests of speed, 



59 

skill or endurance of man or beast. If there is no county agricul- 
tural society in the county, or it is not in active operation as such, 
the money which the county society of such county would be en- 
titled to receive under this act, shall be apportioned among and paid 
to the several town or other agricultural societies in such county ac- 
cording to the amount of premiums paid, provided such town socie- 
ties sustain a public fair, with premium-lists, and reports of such 
town fairs shall be forwarded and made to the commissioner of 
agriculture. All societies other than county agricultural socie- 
ties shall hereafter on or before the first day of December in each 
year, file a statement in duplicate, duly verified by the president 
and treasurer, showing the amount of premiums paid at the last 
annual fair, exclusive of premiums paid for trials or tests of 
speed, skill or endurance of man or beast, one of which statements 
shall be filed in the office of the commissioner of agriculture 
and the other in the office of the comptroller, and no such society 
shall be hereafter entitled to receive such appropriations in any 
year in which the actual amount paid by it as such premiums 
is less than five hundred dollars. 



CHAPTER 821. 

AN ACT to amend the executive law, relating to the duties and 
powers of the attorney-general. 

Became a law May 29, 1895, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Subdivisions one and two of section fifty-two of the 
executive law, is hereby amended to read as follows: 

1. Prosecute and defend all actions and proceedings in which 
the State is interested, and have charge and control of all the legal 
business of the departments and bureaus of the State, or of any 
office thereof which requires the services of attorney or counsel, in 



60 

order to protect the interests of the State, but this section shall not 
apply to any of the military department bureaus or military offices 
of the State. 

2. Whenever required by the governor, attend in person, or by 
one of his deputies, a court of oyer and terminer or appear before 
the grand jury thereof for the purpose of managing and conducting 
in such court or before such jury such criminal actions or proceed- 
ings as shall be specified in such requirement; in which case the 
attorney-general or his deputy so attending shall exercise all the 
powers and perform all the duties in respect of such actions or pro- 
ceedings, which the district attorney would otherwise be author- 
ized or required to exercise or perform; and in any of such actions 
or proceedings the district attorney shall only exercise such pow- 
ers and perform such duties as are required of him by the attorney- 
general or the deputy attorney-general so attending. 

§ 2. Section 55 of said executive law is hereby amended to read 
as follows: 

§ 55. Additional counsel. The governor, or attorney-general 
may designate and employ such additional attorneys or counsel 
as may be necessary to assist in the transaction of any of the legal 
business mentioned in section fifty-two of this act and such attor- 
neys or counsel shall be paid from the treasury a reasonable fee 
upon the certificate of the governor and attorney-general, the 
amount thereof to be audited and allowed by them or may be paid 
by the attorney-general out of the costs recovered by him. 

§ 3. This act shall take effect immediately. 

People v. Belknap, 58 Hun, 241. 
People v. Lamb, 85 Id. 171. 



LAWS OK 1896. 



CHAPTER 221. 



AN ACT to amend chapter three hundred and thirty-eight of the 
laws of eighteen hundred and ninety-three, entitled "An act in 
relation to agriculture, constituting articles one, two, three, four 
and five of chapter thirty-three of the general laws," and the 
acts amendatory thereof, relative to the apportionment of 
moneys appropriated for the promotion of agriculture. 

Became a law April 8, 1896, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of Neiv York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-eight of article five of chapter three 
hundred and thirty-eight of the laws of eighteen hundred and 
ninety-three, as amended by chapter two hundred and forty-one 
of the laws of eighteen hundred and ninety-four, as amended by 
chapter eight hundred and twenty of the laws of eighteen hundred 
and ninety-five, known as the agricultural law, constituting arti- 
cles one, two, three, four and five of chapter thirty-three of the 
general laws, is hereby amended to read as follows: 

(Amended by section 1 of chapter 589 of the Laws of 1897, chapter 
494 of the Latvs of 1898, and chapters 87 and 339 of the Laws of 
1900.) 

§ 88. Receipts and apportionment of moneys for the pro- 
motion of agriculture. Of all moneys appropriated for the pro- 
motion of agriculture in any one year, twenty thousand dollars 
thereof shall be distributed in premiums by the New York State 
Agricultural society; two thousand dollars thereof shall be paid 
to each of the agricultural societies, clubs or exhibitions which 
shall have held annual fairs or meetings during each of the three 
years next preceding such appropriation, and which shall have 



62 

paid at each of such annual fairs or meetings during such three 
years the sum of three thousand dollars as premiums for agricul- 
tural interests, exclusive of the premiums paid for trials or tests 
of speed, skill or endurance of man or beast, under the conditions 
and in the manner provided by section eighty-nine of this chapter. 
Seventy per centum of the balance of the amount so appropriated 
shall be apportioned and distributed among the various county 
agricultural societies and the American Institute in the city of 
New York; and thirty per centum thereof among the various town 
and other agricultural societies, clubs or exhibitions, entitled by 
this section to receive thirty per centum of the moneys received 
by the comptroller from the tax collected from the racing asso- 
ciations, corporations or clubs of the State. Such apportionment 
and distribution shall be made by the commissioner of agriculture 
in the following manner. One-half of the seventy per centum to 
be apportioned to such county agricultural societies and the Amer- 
ican Institute in the city of New York shall be apportioned and 
distributed equally and the remainder in proportion to the actual 
premiums paid during the previous year by such societies and insti- 
tute, exclusive of premiums paid for trials or tests of speed, skill 
or endurance of man or beast. If there is no county agricultural 
society in any county or if it is not in active operation as such, 
then the town society or societies in such county, or other agricul- 
tural societies in such county that would otherwise be entitled 
to share under the thirty per centum distribution referred to in 
this section, shall share jointly in the distribution of such money 
on the same basis as they would if they were a county fair, pro- 
vided such town societies sustain a public fair, with premium list, 
which premium list and reports of such town fairs shall be for- 
warded and made to the commissioner of agriculture. Of the 
thirty per centum to be distributed among the various town and 
other agricultural societies, clubs or exhibitions, one-third thereof 
shall be apportioned and distributed equally and the remainder 
in proportion to the premiums awarded and paid by said society, 
club or exposition for exhibits made at the annual fair upon the 
awards or premiums of which they seek a portion of the money 



63 

to be distributed, exclusive of premiums paid for trials or tests of 
speed, skill or endurance of man or beast. No proportion of such 
amount shall be paid to any such society, club or exhibition in 
which the actual amount paid by it as such premiums in the year 
preceding such apportionment, is less than five hundred dollars. 
All revenues which have been or shall be received by the comp- 
troller, and not distributed as heretofore provided, and all moneys 
received by him from the tax collected from racing associations 
pursuant to chapter one hundred and ninety-seven of the laws of 
eighteen hundred and ninety-four, and chapter five hundred and 
seventy of the laws of eighteen hundred and ninety-five, and all 
acts amendatory thereto, or hereafter otherwise collected from 
racing associations, corporations or clubs, shall constitute a fund 
which shall be annually disbursed on behalf of the state for prizes 
for improving the breed of cattle, sheep and horses at the various 
fairs throughout the state as hereinafter prescribed. Thirty per 
centum of the funds so collected shall be disbursed by the com- 
missioner of agriculture among the agricultural societies, clubs 
or exhibitions of the state, which had not previous to May twenty- 
ninth, eighteen hundred and ninety-five, received appropriations 
from the state, as follows: One-third shall be apportioned and 
distributed equally and the remainder in proportion to the premi- 
ums awarded and paid by said society, club or exposition for 
exhibits made at the annual fair upon the awards or premiums 
of which they seek a portion of the money to be distributed. Such 
sums shall only be paid to societies now organized and in active 
operation in counties having a population according to the census 
of eighteen hundred and ninety-two of over three hundred and 
twenty-five thousand inhabitants, or which shall have held fairs, 
annually, during each of the three years prior to May twenty-ninth, 
eighteen hundred and ninety-five, and which shall have paid, at 
their annual meeting or fairs during such three years, not less 
than one thousand dollars in the aggregate as premiums for 
agricultural, mechanical and domestic products, exclusive of the 
premiums paid for trials or tests of speed, skill or endurance of 
man or beast. Seventy per centum of such funds shall be dis- 
bursed by the commissioner of agriculture among the vai>ous 



jS4 

county agricultural societies throughout the state, and the Ameri- 
can Institute, in the city of New York, as follows: One-half shall 
be apportioned and distributed equally, and the remainder in pro- 
portion to the premiums awarded and paid by said society, club 
or exposition, for exhibits made at the annual fair upon the 
awards or premiums of which they seek a portion of the money 
to be distributed, exclusive of premiums paid for trials or tests of 
speed, skill or endurance of man or beast. If there is no county 
agricultural society in any county or it is not in active operation 
as such, then the town society or societies in such county or other 
agricultural societies in such county that would otherwise be 
entitled to share under the thirty per centum distribution referred 
to in this section, shall share jointly in the distribution of such 
money on the same basis as they would if they were a county fair, 
provided such town societies sustain a public fair, with premium 
lists and reports of such town fairs shall be forwarded and made 
to the commissioner of agriculture. All such societies shall here- 
after, on or before the fifteenth day of December in each year, 
file a statement duly verified by the secretary and treasurer, show- 
ing the amount of premiums paid at the last annual fair, exclusive 
of premiums paid for trials or tests of speed, skill or endurance 
of man or beast, which statement shall be filed in the office of the 
commissioner of agriculture. No such society, other than a 
county society, shall be hereafter entitled to receive such appro- 
priations in any year in which the actual amount paid by it as such 
premium is less than five hundred dollars. Any town or other 
agricultural society in a county in which there is no agricultural 
society and which, according to the terms of this section receives 
any portion of the seventy per centum of such funds apportioned 
to county agricultural societies, shall not receive the portion of 
the thirty per centum of such funds which they would be otherwise 
entitled to receive. Any society, club or exposition, except the 
New York State Agricultural society, receiving the sum of two 
thousand dollars under the provisions of section eighty-nine of 
this act, shall not receive any other portion of the money appro- 
priated for the promotion of agriculture. 

§ 2, The sum of twenty-seven thousand two hundred and thip 



65 

teen dollars and fifty-five cents, being the sum collected from 
racing associations in pursuance of chapter four hundred and 
seventy-nine of the laws of eighteen hundred and eighty-seven, as 
amended by chapter one hundred and ninety-seven of the laws of 
eighteen hundred and ninety-four, and chapter five hundred anti 
seventy of the laws of eighteen hundred and ninety-five, is hereby 
appropriated out of any moneys in the treasury, not otherwise 
appropriated, to be distributed in the manner provided by section 
eighty-eight of the agricultural law, as hereby amended, and in the 
proportion provided by this act for the distribution of moneys 
collected as hereinbefore recited. Such money shall be payable 
by the treasurer on the warrant of the comptroller on the order 
of the commissioner of agriculture. 

§ 3. This act shall take effect immediately. 



LAWS OK 1897. 



CHAPTER 128. 

AN ACT making an appropriation for the promotion of agriculture 

by the college of agriculture of Cornell university. 

Became a law March 25, 1897, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

ISection 1. For the promotion of agricultural knowledge through- 
out the state", the sum of twenty-five thousand dollars, or so much 
thereof as may be necesssary, is hereby appropriated out of any 
money in the treasury not otherwise appropriated to be paid to 
the college of agriculture at Cornell university to be expended in 
giving instruction throughout the state by means of schools, lec- 
tures and other university extension methods, or otherwise, and 
in conducting investigations and experiments* 



-Such college of agriculture may, with the 
consent and approval of the commissioner of agriculture, employ 
teachers and experts and necessary clerical help to assist in carry- 
ing out the purposes of this bill. Such teachers, experts and cleri- 
cal help may be removed by the college of agriculture in its dis- 
cretion; and may be paid for their services such sum or sums as 
may be deemed reasonable and proper and as shall be approved by 
the commissioner of agriculture. All of such work by such teach- 



67 

ers and experts who shall be employed under this bill shall be 
under the general supervision and direction of the commissioner of 
agriculture. The sum appropriated by this act shall be paid by 
the treasurer of the state upon the warrant of the comptroller to 
the treasurer of the Cornell university, upon such treasurer filing 
with the comptroller a bond in such sum and with such sureties 
as the comptroller may approve, conditioned for the faithful ap- 
plication of such sum to the purposes for which the same is hereby 
appropriated. Such sum shall be payable by the treasurer of Cor- 
nell university upon vouchers approved by the officers or agents 
of such university having charge of such college of agriculture, 
and' such vouchers shall be filed by the treasurer of Cornell uni- 
versity in the office of the comptroller of the state. 
§ 2. This act shall take effect immediately. 



CHAPTER 500. 

AN ACT to amend the agricultural law, relative to the promotion 
of sugar beet culture by scientific and practical experiment, and 
making an appropriation therefor. 

Became a law May 18, 1897, with the approval or tne Governor, rassea, 
tliree-fiftlis L^~ present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Chapter three hundred and thirty-eight of the laws 
of eighteen hundred and ninety-three, entitled " An act in relation 
to agriculture, constituting articles one, two, three, four and five of 
chapter thirty-three of the general laws," is hereby amended by 
inserting after article four, a new article to be known as article 
five, and to read as follows: 

ARTICLE V. 

Sugar Beet Culture. 
Section 71. Commissioner of agriculture to apportion moneys appropriated 
for promotion of sugar beet culture. 

72. Persons, et cetera, to whom moneys may be apportioned. 

73. Statements; inspections, branding of packages. 

74. Inspectors, to be appointed by commissioner. 

75. Weighman, powers and duties. 

76. Apportionment of moneys by commissioners of agriculture. , 



68 

Section 71. Commissioners of agriculture to apportion 
moneys appropriated for promotion of sugar beet culture. 
Money appropriated for the promotion of sugar beet culture by 
scientific and practical experiment shall be apportioned by the 
commissioners of agriculture to the persons, firms, associations or 
corporations entitled thereto, according to the provisions of this 
article. 

(Amended by section 1 of chapter 303 of the Laws of 1899.) 

§ 72. Persons, et cetera, to whom moneys may be dis- 
tributed. Any person, firm, association or corporation, engaged 
in the manufacture of sugar from beets grown in the state of New 
York, upon registration in the office of the commissioner of agri- 
culture, and filing a certificate therein, stating the name of such 
person, firm, association or corporation, the location of the factory, 
and the capacity thereof, and the time when the manufacture of 
sugar began or is to begin, shall be entitled to a distributive share 
of the amount appropriated for the promotion and encouragement 
of sugar beet culture, as provided in this article. No such person, 
firm, association or corporation shalj receive any portion of the 
moneys so appropriated, unless all the beets used in the manufac- 
ture of such sugar are grown within the state of New York, and 
unless the grower received therefor a net sum of not less than five 
dollars per ton, and provided such beets are not grown by the 
manufacturer of such sugar. No money shall be distributed to 
such manufacturers, unless the sugar manufactured by them shall 
contain at least ninety per centum of crystallized sugar. The com- 
missioner of agriculture may expend such sum or sums as he may 
deem necessary or expedient, not exceeding ten per centum of the 
amount appropriated for the purposes of this article, in practical 
and scientific experiments in growing sugar beets in one or more 
sections of this state, for the purpose of determining the adapta- 
bility of the soil thereof for the production of sugar beets. 

§ 73. Statements ; inspections, branding of packages. The 
quantity and quality of sugar upon which said money is to be 
paid shall be determined by the commissioner of agriculture of 
this state, with whom all claimants shall, from time to time, file 
verified statements showing the quantity and quality of sugar 



69 

manufactured by them, the price paid the producer for beets and 
upon which said money is claimed. The said commissioner shall, 
without unnecessary delay, visit or cause to be visited by such per- 
sons as he shall designate in writing, the factory where said sugar 
has been produced or manufactured, and tak e such evid ejige by 
the sworn testimony of the officers or employes of such factory or 
others, as to the amount and quality of sugar so manufactured, 
and the price paid for beets as to him or the person so designated 
by him shall appear satisfactory and conclusive. The sugar so 
manufactured shall be placed by the manufacturer in original 
packages, which shall be examined and branded by the said com- 
missioner or person by him designated, with a sjiitable brand, 
showing the quantity and the quality of sugar contained in each 
of said packages, of which an accurate account shall be kept by 
said inspector, and filed in the office of the commissioner of agri- 
culture of this state. 

§ 74. Inspectors, to be appointed by commissioner. It 
shall be the duty of the commissioner of agriculture to appoint a 
resident inspector in each town or city where one or more manu- 
factories of sugar may be located in this state, the aggregate out- 
put of which factories shall exceed two thousand pounds of sugar 
per day, and such examiner shall make such examinations, take 
"sucli evidence and make such records and reports as is specified 
in section two of this act. The compensation or fee for such ser- 
vice of said inspector shall not exceed the sum of twenty-five cents 
for each package so branded, nor the sum of five dollars per day for 
any one day's service, and such resident inspector shall be required 
to give a good and sufficient bond in the sum of not less than two 
thousand dollars to the state of New York, contingent on the faith- 
ful performance of his duties, said bond to be approved by the said 
commissioner of agriculture. Said fees or compensation, together 
with the cost of said brand and any and all analysis that the said 
commissioner of agriculture or other authorized inspector shall 
require to be made, shall be borne and paid by the claimant of said 
money. "" ri "" --^^ 

(Amended by section 1 of chapter 101 of the Laws of 1899.) 
§ 75. Weighman, powers and duties. It shall be the duty 
of the commissioner of agriculture to appoint at each sugar 



70 

manufactory in this state where the output of such manufactory 
shall exceed two thousand pounds of sugar per day, a person who 
shall weigh all beets received by the person or persons, corporation 
or association operating said manufactory. Such person shall be 
known as the weighman, and he shall keep accurate record of all 
duties performed by him. He shall discharge all duties pertaining 
to his position in an impartial manner, and shall furnish the com- 
missioner of agriculture with a good and sufficient bond in the sum 
of two thousand dollars for the faithful discharge of his duties as 
prescribed by this act. The commissioner of agriculture may ap- 
point such person or persons to assist said weighman as the service 
to be performed may require. Each person so appointed shall give 
bond as provided by this section. The weighman shall take into 
his possession, promptly on receipt of beets at such manufactory, 
such samples of beets as he deems fair and equitable, from which 
to remove dirt or other dockage. He shall then promptly weigh 
all beets from which samples have been taken and keep an ac- 
curate record of all weights, and all of such records shall show the 
names of both the seller and the buyer. The weights furnished 
by said weighman shall be accepted by both the seller and the 
buyer, and upon such weights so furnished settlement between the 
seller and the buyer shall be made. The compensation or fee al- 
lowed such weighman shall not exceed the sum of five dollars per 
day for time actually employed and for his assistants a sum not to 
exceed three dollars per day for the time actually employed. All 
expenses arising from the duties of said weighman or his assis- 
tants, as prescribed by this act, shall be paid by the person or 
persons, corporation or association operating such manufactory 
where such expense is incurred, j 

§ 76. Distribution of moneys by commissioner of agricul- 
ture. On or before the first day of February in each year, the 
commissioner of agriculture shall prepare a detailed statement of 
the quantity of sugar manufactured by each person, firm or associa- 
tion or corporation entitled to receive a portion of the moneys ap- 
propriated for the promotion and encouragement of sugar beet 
culture. He shall apportion to each such person, firm, association 
or corporation the moneys so appropriated according to the 
amount of sugar of the grade described in this article manufac- 



71 

tured by each of them, during the preceding year. Not more than 
one cent a pound shall be paid in any one year on account oi 
sugar so manufactured. Such commissioner of agriculture shall 
certify to the comptroller the amount apportioned to each manu- 
facturer of sugar according to the provisions of this article; and 
the comptroller shall draw his warrant upon the state treasurer 
for the amount so certified, payable to the party or parties to 
whom such apportionment was made. 

§ 2. Articles five and six of said act are hereby made articles 
six and seven. 

§ 3. The sum of twenty-five thousand dollars, or so much thereof 
as may be necessary, is hereby appropriated out of any moneys in 
the treasury not otherwise appropriated, to be paid in the manner 
prescribed in this act for the purpose of making effectual the pro- 
visions thereof. 

§ 4. This act shall take effect immediately. 



CHAPTER 554. 

AN ACT to amend chapter three hundred and thirty-eight of the 

laws of eighteen hundred and ninety-three, entitled " An act in 

relation to agriculture, constituting articles one, two, three, 

four and five of chapter thirty-three of the general laws," and 

the penal code, relative to violations of the agricultural law. 

Became a law May 18, 1897, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section thirty-seven of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, en- 
titled " An act in relation to agriculture, constituting articles one, 
two, three, four and five of chapter thirty-three of the general 
laws," is hereby amended so as to read as follows: 

(Amended by chapter 558 of the Laws of 1898, chapter 435 of the 
Laws of 1899, and chapters 76 and 559 of the Laws of 1900.) 

§ 37. Every person violating any of the provisions of this article 
»hall forfeit to the people of the state of New York the sum of 



J 72 

not exceeding one hundred dollars for every such violation. When 
euch violation consists of the manufacture or production of any 
prohibited article, each day during which or any part <of which 
such manufacture or production is carried on or continued, shall be 
deemed a separate violation of the pro visions of this article. When 
the violation consists of the sale, or the offering or exposing for 
sale or exchange of any prohibited article or substance, the sale of 
each one of several packages shall constitute a separate violation, 
and each day on which any such article or substance is offered or ex- 
posed for sale or exchange, shall constitute a separate violation of 
this article. When the use of any such article or substance is pro- 
hibited, each day during which or any part of which said article op 
substance is so used or furnished for use, shall constitute a separate 
violation, and the furnishing of the same for use to each person to 
whom the same may be furnished shall constitute a separate viola- 
tion. Whoever by himself or another violates any of the proviso 
ions of article two of said chapter, shall be guilty of a misdemeanor, 
and upon conviction shall be punished by a fine of not less than 
twenty-five dollars, nor more than two hundred dollars,, or by im- 
prisonment of not less than one month nor more than six months 
or by both such fine and imprisonment, for the first offense; and by 
six months imprisonment for the second offense; and any person 
who violates any of the provisions of article three of said chapter, 
is guilty of a misdemeanor, and shall be punished by a fine of not 
less than fifty dollars, nor more than one hundred dollars ; and in 
addition thereto shall forfeit to the people of the state of New 
York, the sum of one hundred dollars for every such violation. 

§ 2. Section four hundred and eight-a of the penal code is hereby 
amended so as to read as follows: 

§ 408a. Violations of the agricultural law. Any person 
who disregards, disobeys or violates any proclamation, notice, 
order or regulation, lawfully issued or prescribed by the commis- 
sioner of agriculture, for the suppression or prevention of the 
spread of infectious or contagious diseases among domestic ani- 
mals, or who violates any of the provisions of sections eighty and 
eighty-two of article five of the agricultural law, is guilty of a 
misdemeanor. 

§ 3. This act shall take effect immediately. 



73 

CHAPTER 589. 

AN ACT to amend chapter three hundred and thirty-eight of the 
laws of eighteen hundred and ninety-three, entitled " An act in 
relation to agriculture, constituting articles one, two,, three, four 
and five of chapter thirty4hree of the general laws," as amended 
by chapter two hundred and twenty-one of the laws of eighteen 
hundred and ninety-six, relative to the apportionment of moneys 
appropriated for the promotion of agriculture. 

Became a law May 19, 1897, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-eight of article five of chapter three 
hundred and thirty-eight of the Jaws of eighteen hundred and 
minetyjthree, as amended by chapter two hundred and twenty-one 
of the laws of eighteen hundred and ninety-six, is hereby amended 
to read as follows: 

(Amended by section 1 of chapter 494 of the Laws of 1898, and cliap- 
ters 87 and 339 of the Laws of 1900.) 

§ 88. Receipts and apportionment of moneys for the pro- 
motion of agriculture. Of all moneys appropriated for the 
promotion of agriculture in any one year, tweDty thousand dol- 
lars thereof shall be distributed in premiums by the New York 
State Agricultural Society; two thousand dollars thereof shall be 
paid to each of the agricultural societies, agricultural clubs, or 
agricultural expositions which shall have held annual agricultural 
fairs or meetings during each of the three years next preceding 
«uch appropriation, and which shall have paid at each of such 
annual fairs or meetings during such three years the sum of three 
thousand dollars as premiums for agricultural interests, exclusive 
of the premiums paid for trials or tests of speed, skill or endurance 
of man or beast, under the conditions and in the manner provided 
by section eighty -nine of this chapter. Seventy per centum of the 
balance of the amount so appropriated shall be apportioned and 
distributed among the various county agricultural societies and 
the American Institute in the city of New York; and thirty per 



74 

centum thereof among the various towns and other agricultural 
societies, agricultural clubs or agricultural expositions entitled 
by this section to receive thirty per centum of the moneys received 
by the comptroller from the tax collected from the racing associa- 
tions, corporations or clubs of the state. Such apportionment and 
distribution shall be made by the commissioner of agriculture in 
the following manner : One-half of the seventy per centum to be 
apportioned to such county agricultural societies and the Ameri- 
can Institute in the city of New York shall be apportioned and dis- 
tributed equally and the remainder in proportion to the actual 
premiums paid during the previous year by such societies and in- 
stitute, exclusive of premiums paid for trials or tests of speed, 
skill or endurance of man or beast. If there is no county agricul- 
tural society in any county, or if the county agricultural society 
is not in active operation as such, then the town society or societies- 
in such county, or other agricultural societies in such county, ex- 
cept the New York State Agricultural Society, that would other- 
wise be entitled to share under the thirty per centum distribution 
referred to in this section, shall share jointly in the distribution 
of such money on the same basis as they would if they were a 
county agricultural society, provided such societies sustain a pub- 
lic fair with premium list, which premium list and reports of such 
societies shall be forwarded and made to the commissioner of agri- 
culture. Of the thirty per centum to be distributed among the 
various town and other agricultural societies, clubs or expositions 
one-third thereof shall be apportioned and distributed equally and 
the remainder in proportion to the premiums awarded and paid 
by said society, club or exposition for exhibits made at the annual 
fair upon the awards or premiums of which they seek a portion of 
the money to be distributed, exclusive of premiums paid for trials- 
or tests of speed, skill or endurance of man or beast. No propor- 
tion of such amount shall be paid to any such society, club or ex- 
position in which the actual amount paid by it as such premiums 
in the year preceding such apportionment, is less than five hundred 
dollars. All revenues which have been or shall be received by the 
comptroller, and not distributed as heretofore provided, and all 
moneys received by him from the tax collected from racing associa* 



75 

tions pursuant to chapter one hundred and ninety-seven of the laws 
of eighteen hundred and ninety-four, and chapter five hundred and 
seventy of the laws of eighteen hundred and ninety-five, and all 
acts amendatory thereto, or hereafter otherwise collected from 
racing associations, corporations or clubs, shall constitute a fund, 
which shall be annually disbursed on behalf of the state for prizes 
for improving the breed of cattle, sheep and horses at the various 
fairs throughout the state as hereinafter prescribed. Thirty per 
centum of the funds so collected shall be disbursed by the com- 
missioner of agriculture among the agricultural societies, agricul- 
tural clubs or agricultural expositions of the state, which had not 
previous to May twenty-ninth, eighteen hundred and ninety-five, 
received appropriations from the state, as follows : One-third shall 
be apportioned and distributed equally and the remainder in pro- 
portion to the premiums awarded and paid by said society, club 
or exposition for exhibits made at the annual fairs upon the awards 
or premiums of which they seek a portion of the money to be dis- 
tributed, such sums shall only be paid to such societies which have 
received appropriations from the state previous to the passage of 
this act, and are now duly organized under the laws of the state 
of New York, and in active operation in counties having a popula- 
tion according to the census of eighteen hundred and ninety-two 
of over three hundred and twenty-five thousand inhabitants, or 
which shall have held fairs, annually, during each of the three 
years prior to May twenty-ninth, eighteen hundred and ninety-five, 
and which shall have paid, at their annual meetings or fairs during 
such three years, not less than one thousand dollars in the aggre- 
gate as premiums for agriculture, mechanical and domestic pro- 
ducts, exclusive of the premiums paid for trials or tests of speed, 
skill or endurance of man or beast, and which shall have filed their 
report with the commissioner of agriculture, on or before July first, 
eighteen hundred and ninety-five, as heretofore provided in chapter 
eight hundred and twenty of the laws of eighteen hundred and 
ninety-five. Seventy per centum of such funds shall be disbursed 
by the commissioner of agriculture among the various county agri- 
cultural societies throughout the state, and the American Institute, 
in the city of New York, as follows: One-half shall be apportioned 
and distributed equally, and the remainder in proportion to the pre- 



76 



miums awarded and paid by said society, club or exposition, for 
exhibits made at the annual fair upon the awards or premiums of 
which they seek a portion of the money to be distributed, exclusive 
of premiums paid for trials or tests of speed, skill or endurance of 
man or beast. If there is no county agricultural society in any 
county, or if the county agricultural society is not in active opera- 
tion as such, then the town society or societies in such county, 
-or other agricultural societies in such county, except the New York 
State Agricultural Society, that would otherwise be entitled to 
share under the thirty per centum distribution referred to in this 
section, shall share jointly in the distribution of such money on the 
same basis as they would if they were a county agricultural society, 
provided such societies sustain a public fair, with premium list and 
reports of such societies shall be forwarded and made to the com- 
missioner of agriculture. All agricultural societies, agricultural 
clubs or agricultural expositions entitled to receive any portion of 
the moneys appropriated by the state must hereafter, on or before 
the fifteenth day of December, in each year, file a statement, duly 
verified by the secretary and treasurer, showing the amount of 
premiums paid at the last annual fair, exclusive of premiums paid 
for trials or tests of speed, skill or endurance of man or beast, 
which statement shall be filed in the office of the commissioner of 
agriculture, otherwise such society, club or exposition shall forfeit 
its right to participate in the distribution of such moneys for pre- 
miums paid for such year. No proportion of such moneys shall be 
paid to any such society, club or exposition in which the actual 
amount paid by it as such premiums in the year preceding such 
apportionment, is less than five hundred dollars. Any town or 
other agricultural society in a county in which there is no county 
agricultural society in active operation and which, according to 
the terms of this section receives any portion of the seventy per 
centum of such funds apportioned to county agricultural societies, 
shall not receive any portion of the thirty per centum of such funds. 
Any such society, club or exposition, receiving the sum of two thou- 
sand dollars under the provisions of section eighty-nine of this act, 
shall not receive any other portion of the money appropriated for 
the promotion of agriculture. Any such agricultural society, agri- 



77 

cultural club, agricultural exposition, or agricultural fair associa- 
tion, organized under the laws of the State of New York, which- 
shall fail or neglect to hold annual fairs and file their annual re- 
ports, as provided by this law, with the commissioner of agricul- 
ture for two consecutive years, shall forfeit all of their chartered 
rights, including any privileges or moneys they might thereafter 
otherwise be entitled to under this act. 

§ 2. The €um of fifty thousand dollars of the amount collected 
and due from racing associations in pursuance of chapter four 
hundred and seventy-nine of the laws of eighteen hundred and 
eighty-seven as amended by chapter one hundred and ninety-seven 
of the laws of eighteen hundred and ninety-four, and chapter five 
hundred and seventy of the laws of eighteen hundred and ninety- 
five and all acts amendatory thereof or supplementary thereto is 
hereby appropriated out of any moneys in the treasury so collected, 
at the time of the distribution thereof as provided herein. Such 
sum shall be distributed in the manner provided by section eighty- 
eight of the agricultural law, as amended, and in the proportion 
provided therein for the distribution of such moneys, and shall be 
payable by the treasurer on the warrant of the comptroller on the 
order of the commissioner of agriculture. 

§ 3. All acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

§ 4. This act shall take effect immediately. 



CHAPTER 768. 

AN ACT to amend chapter three hundred and thirty-eight of the 
laws of eighteen hundred and ninety-three, entitled u An act in 
relation to agriculture, constituting articles one, two, three, four 
and five of chapter thirty-three of the general laws." 

Became a law May 22, 1897, with the approval of the Governor. Passed, 
three-fifths being present 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twenty-six of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, en- 



.78 

titled "An act in relation to agriculture, constituting articles one, 
two, three, four and five of chapter thirty-three of the general 
laws," is hereby amended so as to read as follows: 

§ 26. Manufacture and sale of imitation butter prohibited. 
No person by himself, his agents or employes, shall produce or 
manufacture out of or from any animal fats or animal or vegetable 
oils not produced from unadulterated milk or cream from the same, 
£he article known as oleomargarine or any article or product in 
imitation or semblance of natural butter produced from pure, un- 
adulterated milk or cream of the same; or mix, compound with or 
add to milk, cream or butter any acids or other deleterious sub- 
stance or any animal fats or animal or vegetable oils not produced 
from milk or cream, so as to produce any article or substance or 
any human food in imitation or in semblance of natural butter, nor 
sell, keep for sale or offer for sale any article, substance, or com- 
pound made, manufactured or produced in violation of the provis- 
ions of this section, whether such article, substance or compound 
ehall be made or produced in this state or elsewhere. Any dealer 
in any article or product, the manufacture or sale of which is pro- 
Mbited by this act, who shall keep, store or display such article or 
product, with other merchandise or stock in his place of business, 
shall be deemed to have the same in his possession for sale. 

§ 2. This act shall take effect immediately. 



LAWS OR 1898. 



CHAPTER no. 

AN "ACT to amend subdivision three of section thirty-two hundred 

and twenty-eight of the code of civil procedure, relating to the 

recovery of costs on judgments under fifty dollars. 

Became a law March 21, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly , do enact as follows: 

Section 1. Subdivision three of section thirty-two hundred and 
twenty-eight of the code of civil procedure is hereby amended eo 
as to read as follows: 

3. An action specified in subdivision first, third, fourth or fifth 
of section twenty-eight hundred and sixty-three of this act. But 
if, in an action to recover damages for an assault, battery, false 
imprisonment, libel, slander, criminal conversation, seduction, or 
malicious prosecution; or a fine or penalty in which the people of 
the state are a party, the plaintiff recovers less than fifty dollars 
damages, the amount of his cost can not exceed the damages. 

§ 2. This act shall take effect September first, eighteen hun- 
dred and ninety-eight. 



CHAPTER 113. 

AN ACT to amend the agricultural law, to prevent fraud in the 

sale of paris green. 

Became a law March 23, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: ; 

Section 1. Chapter three hundred and thirty-eight of the laws 
of eighteen hundred and ninety-three, entitled " An act in rela- 
tion to agriculture, constituting articles one, two, three, four, 
and five of chapter thirty-three of the general laws," is hereby 



80 

amended by adding a new article to be known as article eight 

and to read as follows: 

ARTICLE VIII. 

Section 110. State manufacturer and the dealer in original packages to file 
certificate with commissioner of agriculture. 

111. Certificate to be given by commissioner of agriculture to state 

manufacturer and dealer in original packages. 

112. Composition of paris green. 

113. Paris green to be analyzed at experiment station. 

114. Penalty for violations. 

Section 110. State manufacturer and the dealer in original 
packages to file certificate with commissioner of agriculture. 
After the passage of this act it shall be the du ty of each and 
every manufacturer of paris green within this state, and of every 
dealer in original packages of paris green manufactured outside 
of this state, before the said paris green is offered or exposed 
for sale or sold within this state, to submit to the commissioner 
of agriculture a written or printed statement setting forth: first, 
the brands of paris green to be sold, the number of pounds con- 
tained in each package in which it is put upon the market for 
sale, the name or names of the manufacturers and the place of 
manufacturing the same; second, the statement shall set forth 
the amount of arsenic which the said paris green contains, and 
the statement so furnished shall be considered as constituting 
a guarantee to the purchaser that every package of such paris 
green contains not less than the amount of arsenic set forth in 
the statement. 

§ 111. Certificate to be given by the commissioner of agricul- 
ture to state manufacturer and dealer in original packages. 
Every purchaser of paris green in original packages, which is 
manufactured outside of this state, who intends to sell or expose 
the same for sale, and every manufacturer of paris green within 
this state shall, after filing the statement above provided for, 
with the commissioner of agriculture, receive from the said com- 
missioner of agriculture, a certificate stating that he has com- 
plied with the foregoing statement, which certificate shall be fur- 
nished without any charge therefor; said certificate when fur- 
nished shall authorize the party receiving the same to deal in 
this state in paris green. Any person who fails to fcie the state- 



81 

ment aforesaid shall not be entitled to such certificate and shall 
not be entitled to deal in paris green within this state; nothing 
in this section shall be construed as applying to retail dealers. 

§ L 1 2. Composition of paris green or analogous products. 
Paris green, or any product analogous to it, when sold, offered 
or exposed for sale, as such, in this jstate, shall contain at least 
fifty per centum of arsenious oxide.) 

§ 113 Paris green to be analyzed' at experiment station. The 
director of the New York state agricultural experiment station, 
at Geneva, shall, under the directiouj of the commissioner of agri- 
culture, examine, or cause to be examined, the different brands of 
paris green sold, offered or exposejd for sale, within the state, 
and cause samples of the same to ^>e analyzed, and shall report 
the result of the analysis forthwith to the commissioner of agri- 
culture. 

§ 1-t Pi.nlty for violations. Any person or persons, firm, as- 
sociation, company or corporation violating any of the provisions 
of this act, shall be guilty of a misdemeanor, and shall be fined 
not less than fifty dollars nor more than two hundred dollars; 
and in addition thereto shall forfeit and pay unto the people of 
the state of New York the sum of one hundred dollars, together 
with the costs of the suit in an action caused to be brought by 
the commissioner of agriculture in the name of the people of the 
state of New York, as provided by section eight of the agricul- 
tural law. 

§ 2. This act shall take effect immediately. 



CHAPTER 153. 

AN ACT to amend the agricultural law, in relation to receptacles 

itojjutterj^^- - 

Became a law March 29, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section thirty-two of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three 
6 



82 

entitled " An act in (relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the general 
laws," is hereby amended so as read as follows: 

§ 32. No person, firm, association or corporation buying or re- 
ceiving milk, not produced from the dairy ,of such person, firm, 
association or corporation, for the purpose of selling the same 
for consumption as such, or for manufacturing the same into 
butter, cheese, condensed milk or other human food, shall keep 
the same in utensils, cans, vessels, room or rooms, building or 
buildings, that are unclean or that have unsanitary isurroundings 
or drainage, or in any condition whatsoever that would tend to 
produce orj promote conditions favorable to unhealthfulness or 
disease. The commissioner of agriculture shall notify all persons, 
firms, associations or corporations violating this section, to clean 



said utensils, cans, vessels, room o 

or to so improve the sanitary cone 

violated, and if such notice is conplied with in ten days time 

Sundays excepted, then no action shall lie for a violation :of this 

section. The provisions of this act shall not apply to cities of the 

first class. 

§ 2. This act shall take effect immediately. 



i rooms, building or buildings, 
itions that the law will not be 



CHAPTER 194. 

AN ACT to amend chapter three hundred thirty-eight, laws 
of eighteen hundred ninety-three, entitled " An act in relation 
to agriculture, constituting articles one, two, three, four and 
five of chapter thirty-three of the general laws," relative to 
maple sugar and syrup. 

Became a law March 31, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section ninety-one of chapter three hundred thirty- 
eight, laws of eighteen hundred ninety -three, is hereby amended 
so as to read as follows: 



83 

§ 91. (1) No person shall manufacture for sale, keep for sale, 
or offer or expose for sale, any sugar in imitation or semblance 
of maple sugar which is not pure maple sugar, nor any syrup in 
imitation or semblance of maple syrup, which is not pure maple 
syrup, nor shall any person manufacture, offer or expose for 
sale any sugar as and for maple sugar which is not pure maple 
sugar, nor any syrup as and for maple syrup which is not pure 
maple syrup. 

(2) For the purpose of this act the term " maple sugar " shall 
be deemed to mean sugar made from pure maple sap or pure 
maple syrup, and the term " maple syrup " shall be deemed to 
mean syrup made from pure maple sap. 

§ 2. The following section is hereby added to chapter three 
hundred thirty-eight, laws of eighteen hundred ninety-three, and 
shall be known as section ninety-two. 

§ 92. No person shall manufacture, sell or expose for sale, any 
compound or mixture as and for sugar which shall be made up 
of maple sugar mixed with any other sugar or any other sub- 
stance without branding or labeling the said sugar with a state- 
ment giving the ingredients of which it is made up. No person 
shall manufacture, sell, expose for sale, or offer for sale any com- 
pound or mixture as syrup which shall be made up of maple 
syrup mixed with any other syrup or ingredient without brand- 
ing or labeling said syrup with a statement giving the ingred- 
ients of which it is made up. This shall not be construed to 
apply to a syrup or syrups manufactured and sold for medicinal 
purposes only. 

§ 3. This act shall take effect immediately. 



84 

CHAPTER 412. 

AN ACT to prevent the adulteration of and deception in the sale 
of linseed or flaxseed oil. 

Became a law April 22, 1898, with the approval of the Governor. Passed, 
a majority being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. No person, firm or corporation shall manufacture 
or mix for sale, sell, or offer for sale, under the name of raw lin- 
seed oil, any article which is not wholly the product of com- 
mercially pure linseed or flaxseed. Nor shall any person, firm or 
corporation manufacture or mix for sale, sell, or offer for sale, 
under the name of boiled linseed oil, any article, unless the oil 
from which said article is made be wholly the product of com- 
mercially pure linseed or flaxseed, and unless the same has been 
heated to at least two hundred and twenty-five degrees Fahren- 
heit. 

2. Nothing in this act shall be construed as prohibiting the sale 
or manufacture of any compound of linseed or flaxseed oil; pro- 
vided, that such compound, if it imitates in appearance and is 
designed to take the place of linseed or flaxseed oil, shall not 
be manufactured or mixed for sale, sold or offered for sale, under 
a name or description containing the words "linseed oil" or 
"flaxseed oil." 

3. Any person, firm or corporation who shall violate any of 
the provisions of this act, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be punished, for each 
and every such violation, with a fine of not less than fifty dol- 
lars nor more than five hundred dollars; and in default of the 
payment of such fine shall be committed to the county jail for a 
period of not less than thirty days. 

4. It shall be the duty of the commissioner of agriculture to 
enforce the provisions of this act. Tie said commissioner and' 
his assistants, experts andchemists, ai d other appointed byhim, 
shall have aeoess, ingress and egress to and from allj)]a£es of 



85 



business and buildings where lins 



sed or flaxseed oil is kept for 



sale or stored. They shall also lave the power ano^ajathorrty 
to open any tank, barrel, can or oiher vessel containing such oil, 
and may inspect the contents thereof, and take samples there- 
from for analysis. 



5. Any person, firm or corporat 



on who shall violate any of the 



provisions of this act shall, in addition to the fines herein pre- 
viously described, for each offensd forfeit and pay a fixed penalty 
of one hundred dollars. Such penalty shall be recovered, with 
costs, in any court of the state having jurisdiction thereof, in an 
action to be prosecuted in the name of the people, by the commis- 
sioner of agriculture, or any of his assistants, and shall be de- 
voted to the payment of the expenses of the department of said 
commissioner. In any action commenced in the supreme court 
for the recovery of such penalties, an application may be made 
on the part of the plaintiff to said court or any justice thereof 
for an injunction to restrain the defendant, his agents, servants 
and employes, from the further violation of this act during the 
pendency of the action, and it shall be the duty of such court or 
justice to grant the injunction, in the same manner as injunc- 
tions are usually granted under the rules and practice of such 
court, upon proof by affidavits that the defendant has been guilty 
of such violation, either before or after the commencement of 
the action. In case the plaintiff shall recover judgment for the 
penalty or penalties demanded in the complaint, the judgment 
shall contain a permanent injunction, restraining the defendant, 
his agents, servants and employes, from any further violation 
of the section or sections on which the recovery is obtained. 
6. This act shall take effect immediately. 



86 

CHAPTER 482. 

AN ACT to amend section eighty-two, section eighty-three as 
amended by chapter one hundred thirty-four of the laws of 
eighteen hundred ninety-five, and to repeal section eighty-four 
of chapter three hundred and thirty-eight of the laws of eigh- 
teen hundred ninety-three, entitled " An act in relation to agri- 
culture, constituting articles one, two, three, four, five, six and 
seven of chapter thirty-three of the general laws," relative to 
the prevention of disease in fruit trees and the pests that infect 
the same. 

Became a law April 22, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-two of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three is 
hereby amended so as to read as follows : 

§ 82. The prevention of disease in fruit trees and the extir- 
pation of insect pests that infect the same. No person 
shall knowingly or willfully kdep any peach, almond, apricot, or 
nectarine tree affected with the contagious disease known as 
yellows. Nor shall any person knowingly or willfully keep any 
plum, cherry or other trees infected with the contagious disease 
or fungus, known as black knot, nor any tree, shrub or plant in- 
fested with or by the San Jose scale or other insect pest_danger- 
ously injurious to or destructive of the trees, shrub or other plant. 
Every such tree, shrub and plant shall be a public nuisance, and no 
damage shall be awarded for entering upon premises and destroy- 
ing such trees if infected with yellows or infested with San Jose" 
scale or for cutting away the diseased part of any tree affected 
with black knot or altogether destroying such tree if necessary to 
suppress such disease, if done in accordance with the provisions 
of this article, except as otherwise herein provided. Every per- 
son when he becomes aware of the existence of such disease or 
insect pest in any tree owned by him shall forthwith report the 
Bame^ttTthe commissioner of agriculture at Albany, New York, 



87, 

requesting said commissioner to take such action as the law pro- 
vides. 

§ 2. Section eighty-three of said chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, as 
amended by chapter one hundred and thirty-four of the laws of 
eighteen hundred and ninety-five, are hereby amended so as to 
read as follows: 

§ 83. Appointment and dutjes of the agent of the com- 
missioner of agriculture. When the commissioner of agricul- 
ture knows or has reason to believe that any such contagions dis- 
ease exists, or that there is good reason to believe that it exists, 
or danger is justly apprehended of its introduction in any town or 
city in the state, or that any injurious insect pest exists within 
this state, and has reason to believe that danger may be justly 
apprehended from its existence, he shall forthwith send some 
competent person and such agent or agents as he may deem 
necessary to assist in extirpating said pest or pests, disease or 
diseases, and the said commissioner of agriculture is hereby au- 
thorized and empowered to take such steps and do whatever may 
be deemed necessary to so control or prevent the spread or extir- 
pate said pest or pests, disease ofr diseases, and he shall, unless 



previously inspected by a federal officer the same year, cause an 
examination to be made at least jonce each year prior to Septem- 
ber first of each and every nursery or other place where trees, 
shrubs or plants, commonly known as nursery stock, are grown 
for sale for the purpose of ascertaining whether the trees, shrubs 
or plants therein kept or propagated for sale are infected with 
any such contagious disease or diseases, or infested with such 
pest or pests. If after such examination it is found that the said 
trees, shrubs or other plants so examined are free in all respects 
from any such contagious or infectious disease, or diseases, dan- 
gerously injurious, pest or pests, the said commissioner, or his 
duly authorized agent or other person designated to make such 
examination shall thereupon issue to the owner or proprietor of 
the said stock thus examined a certificate setting forth the fact 
of the examination and that the stock so examined is apparently 
free from any and all such disease or diseases, pest or pests. 



88 



Should any nurseryman, agent, dealer or broker send out or de- 
liver within the state, trees, viiies, shrubs, plants, buds or cut- 
tings, commonly known as nursery stock, and which are subject 
to the attacks of the insects andj diseases above provided for, un- 
less he has in his possession a copy of said certificate; dated 
within a year thereof; deface or jdestroy said certificate; or wrong 
fully be in possession of said dertificate, he shall be guilty of a 
misdemeanor. All nursery stock shipped by freight, express or 
other transportation companies, shall be accompanied by a copy 
of said certificate attached to each car, box, bale or package. Any 
person shipping nursery stock las above, without such certificate 
attached shall be guilty of a misdemeanor. A certificate issued 
by an official of the United States, setting forth the fact that the 
nursery stock is free from any and all such disease or diseases, 
pest or pests, shall be accepted in lieu of state inspection. If 
in the judgment of the said ommissioner of agriculture or the 
person or persons representing him, the trees, shrubs or other 
plants should be entirely destroyed, then such destruction shall 
be carried on and completed ur der the supervision of the commis 
sioner of agriculture, or the person or persons duly appointed bj 
him, without unnecessary dela f ; but the owner of the trees shall 
be notified immediately, upor its being determined that they 
must be destroyed, by a written notice signed by such commis 
sioner, or the person represent ng him and left at his usual place 
of residence, or if not a resident of the town by leaving the notice 
with the person in charge of the premises, trees or fruit or in 
whose possession they may be. j Such notice shall contain a brief 
statement of the facts found to jBxist, whereby it is deemed neces- 
sary to destroy said trees, shrufcs or other plants, and shall call 
attention to the law under which it is proposed to destroy them. 
In case of objection to the findings of the inspector or agent of 
the commissioner of agriculture, an appeal shall be made to said 
commissioner, whose decision shall be final; an appeal must be 
taken within three days from service of said notice, and shall act 
as a stay of proceedings until it is heard and decided. When the 
commissioner of agriculture or the person or persons appointed 
by him shall be determined that any tree or trees, shrubs or other 



plants must be treated or destroyed, forthwith he may employ all 
necessary assistants for that: purpose, and such person or persons, 
agent or agents, employee or employees may enter any or all 
premises in any town or city necessary for the purpose of such 
treatment, removal or destruction. 

§ 3. Section eighty-four of said chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three is 
hereby repealed. 

§ 4. The provisions of this- act shall not apply to florists' green 
house plants, flowers and cuttings, commonly known as green- 
house stock. 

§ 5. This act shall take effect June first, eighteen hundred and 
ninety -eight. 



CHAPTER 491. 

AK ACT to amend chapter three hundred and thirty-eight, laws 
of eighteen hundred and ninety-three, entitled "An act in rela- 
tion to agriculture, constituting articles one, two, three, four 
and five, of chapter thirty-three of the general laws/' in relation 
to sale and transportation of calves. 

Became a law April 22, 1898, with the approval of the Governor. 
Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Chapter three hundred and thirty-eight, laws of 
eighteen hundred and ninety-three, entitled "An act in relation to 
agriculture, constituting articles one, two, three, four, five, six 
and seven of chapter thirty-three of the general laws," is hereby 
amended by adding the following sections, to be known as- section 
seventy-one, seventy-two and seventy-three. 

§ 71. ISTo person shall slaughter, for the purpose of selling the 
same for food, or expose for sale or sell within this state, or bring 



90 

or cause to be brought into any city, town or village within this 
state for food any calf or carcass of the same, or any part thereof 
except the hide, unless it is in good, healthy condition and was at 
least four weeks of age at the time of killing. Any person or 
persons duly authorized by the commissioner of agriculture, may 
examine any calf or veal found within this state offefecTor 
exposed for sale, or kept with intent to sell as food, and if 
such calf is under four weeks of age, or the veal is from a 
ealf killed under four weeks of age, or from a calf in an un- 
healthy condition when so killed, he may seize the same and 
cause it to be destroyed or disposed of in such manner as £o 
make it impossible to be thereafter used as food. 

§ 72. On and after the passage of this act it shall be unlawful 
for any corporation, partnership, person or persons to ship to 
or from any part of this state any carcass or carcasses of a calf 
or calves or any part of such carcass except the hide, unless 
they shall attach to every carcass or part thereof so shipped 
in a conspicuous place a tag, that shall stay thereon during such 
transportation, stating the name or names of the person or per- 
sons who raised the calf, the name of the shipper, the points 
of shipping and the destination and the age of the calf. 

§ 73. On and -after the passage of this act, no railroad com- 
pany, express company, steamboat company, or other common 
carrier, shall carry or receive for transportation any carcass or 
carcasses of calves, or any part of the same except the hide, 
unless the said carcass or carcasses or parts thereof shall be 
tagged as herein provided. 

§ 2. This act shall take effect immediately. 



91 

CHAPTER 494. 

AN AOT to amend chapter three hundred and thirty-eight of the 

laws of eighteen hundred and ninety-three, entitled " An act in 

relation to agriculture, constituting articles one, two, three, four 

and five, of chapter thirty-three of the general laws/' relative to 

distribution of moneys to agricultural societies. 

Became a law April 22, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-eight of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, as 
amended by chapter five hundred and eighty-nine, of the laws of 
eighteen hundred and ninety-seven, is hereby amended so as to 
read as follows: 

(Amended by chapiters 87 and 339 of the Laws of 1900.) 
§ 88. Receipts and apportionment of moneys for the promotion 
of agriculture. Of all moneys appropriated for the promotion of 
agriculture in any one year, twenty thousand dollars thereof shall 
be distributed in premiums by the New York State Agricultural 
Society; two thousand dollars thereof shall be paid to each of the 
agricultural societies, agricultural clubs, or agricultural exposi- 
tions which shall have held annual agricultural fairs or meetings 
during each of the three years next preceding such appropriation, 
and which shall have paid at each of such annual fairs or meetings 
during such three years the sum of three thousand dollars as 
premiums for agricultural interests, exclusive of the premiums 
paid for trials or tests of speed, skill or endurance by man or beast, 
under the conditions and in the manner provided by section eighty- 
nine of this chapter. Seventy per centum of the balance of the 
amount so appropriated shall be apportioned and distributed 
among the various county agricultural societies and the American 
Institute in The City of New York; and thirty per centum thereof 
among the various towns and other agricultural societies, agricul- 
tural clubs or agricultural expositions entitled by this section to 
receive thirty per centum of the moneys received by the comp- 



92 

troller from the tax collected from the racing associations, cor- 
porations or clubs of the state. Such apportionment and distribu- 
tion shall be made bj the commissioner of agriculture in the fol- 
lowing manner: One-half of the seventy per centum to be appor- 
tioned to such county agricultural societies and the American 
Institute in The City of New York shall be apportioned and dis- 
tributed equally and the remainder in proportion to the actual 
premiums paid during the previous year by such societies and in- 
stitute, exclusive of premiums paid for trials or tests of speed, skill 
or endurance of man or beast. If there is no county agricultural 
society in any county, or if the county agricultural society is not 
in active operation as such, then the town society or societies in 
such county, or other agricultural societies in such county, except 
the New York State Agricultural Society, that would otherwise 
be entitled to share under the thirty per centum distribution re- 
ferred to in this section, shall share jointly in the distribution of 
such money on the same basis as they would if they were a county 
agricultural society, provided such societies sustain a public fair 
with premium list, which premium list and reports of such socie- 
ties shall be forwarded and made to the commissioner of agricul- 
ture. Of the thirty per centum to be distributed among the 
various town and other agricultural societies, clubs or expositions 
one-third thereof shall be apportioned and distributed equally and 
the remainder in proportion to the premiums awarded and paid by 
said society, club or exposition for exhibits made at the annual 
fair upon the awards or premiums of which they seek a portion of 
the money to be distributed, exclusive of premiums paid for trials 
or tests of speed, skill or endurance of man or beast. No propor- 
tion of such amount shall be paid to any such society, club or ex- 
position in which the actual amount paid by it as such premiums 
in the year preceding such apportionment, is less than five hundred 
dollars. All revenues which have been or shall be received by the 
comptroller, and not distributed as heretofore provided, and all 
moneys received by him from the tax collected from racing asso- 
ciations pursuant to chapter one hundred and ninety-seven of the 
laws of eighteen hundred and ninety-four, and chapter five hun- 
dred and seventy of the laws of eighteen hundred and ninety-five, 



93 

and all acts amendatory thereto, or hereafter otherwise collected 
from racing associations, corporations or clubs, shall constitute a 
fund, which shall be annually disbursed on behalf of the state for 
prizes for improving the breed of cattle, sheep and horses at tht 
various fairs throughout the state as hereinafter prescribed. 
Thirty per centum of the funds so collected shall be disbursed by 
the commissioner of agriculture among the agricultural societies, 
agricultural clubs or agricultural expositions of the state, which 
had not, previous to May twenty-ninth, eighteen hundred and 
ninety-five, received appropriations from the state, other than ap- 
propriations that they received from the fund to be distributed to 
county societies from the fact that there was no county society in 
existence or in active operation within that county, as follows: 
One-third shall be apportioned and distributed equally and the re- 
mainder in proportion to the premiums awarded and paid by said 
society, club or exposition for exhibits made at the annual fairs 
upon the awards or premiums of which they seek a portion of the 
money to be distributed, such sums shall only be paid to such 
societies which have received appropriations from the state pre- 
vious to the passage of this act, and are now duly organized under 
the laws of the state of New York, and in active operation in 
counties having a population according to the census of eighteen 
hundred and ninety-two of over three hundred and twenty-five 
thousand inhabitants, or which shall have held fairs, annually, 
during each of the three years prior to May twenty-ninth, eighteen 
hundred and ninety-five, and which shall have paid, at their an- 
nual meetings or fairs during such three years, not less that one 
thousand dollars in the aggregate as premiums for agriculture, 
mechanical, and domestic products, exclusive of the premiums 
paid for trials or tests of speed, skill or endurance of man or beast, 
and which shall have filed their report with the commissioner of 
agriculture, on or before July first, eighteen hundred and ninety 
five, as heretofore provided in chapter eight hundred and twenty 
of the laws of eighteen hundred and ninety-five. Seventy per 
centum of such funds shall be disbursed by the commissioner of 
agriculture among the various county agricultural societies 
throughout the state, and the American Institute, in The City of 



94 

New York, as follows: One-half shall be apportioned and dis- 
tributed equally, and the remainder in proportion to the premiums 
awarded and paid by said society, club or exposition, for exhibits 
made at the annual fair upon the awards or premiums of which 
they seek a portion of the money to be distributed, exclusiye of 
premiums paid for trials or tests of speed, skill or endurance of 
man or beast. If there is no county agricultural society in any 
county, or if the county agricultural society is not in active opera- 
tion as such, then the town society or societies in such county, or 
other agricultural societies in such county, except the New York 
State Agricultural Society, that would otherwise be entitled to 
share under the thirty per centum distribution referred to in this 
section, shall share jointly in the distribution of such money on 
the same basis as they would if they were a county agricultural 
society, provided such societies sustain a public fair, with pre- 
mium list and reports of such societies shall be forwarded and 
made to the commissioner of agriculture. All agricultural socie- 
ties, agricultural clubs or agricultural expositions entitled to re- 
ceive any portion of the moneys appropriated by the state must 
hereafter, on or before the fifteenth day of December in each year, 
file a statement, duly verified by the secretary and treasurer, show- 
ing the amount of premiums paid at the last annual fair, exclusive 
of premiums paid for trials or tests of speed, skill or endurance of 
man or beast, which statement shall be filed in the office of the 
commissioner of agriculture, otherwise such society, club or ex- 
position shall forfeit its right to participate in the distribution of 
such moneys for premiums paid for such year. No proportion of 
such moneys shall be paid to any such society, club or exposition 
in which the actual amount paid by it as such premiums in the 
year preceding such apportionment, is less than five hundred 
dollars. Any town or other agricultural society in a county 
in which there is no county agricultural society in active 
operation and which, according to the terms of this sec- 
tion receives any portion of the seventy per centum of 
such funds apportioned to county agricultural societies, 
shall not receive any portion of the thirty per centum of such 
funds. Any such society, club or exposition, receiving the sum of 



95 

two thousand dollars under the provisions of section eighty-nine 
of this act, shall not receive any other portion of the money appro- 
priated for the promotion of agriculture. Any such agricultural 
society, agricultural club, agricultural exposition, or agricultural 
fair association, organized under the laws of the state of New 
York, which shall fail or neglect to hold annual fairs and file their 
annual reports as provided by this law, with the commissioner of 
agriculture for two consecutive years, shall forfeit all of their 
chartered rights, including any privileges or moneys they might 
thereafter otherwise be entitled to under this act. 
§ 2. This act shall take effect immediately. 



CHAPTER 557. 

AN ACT to amend the agricultural law, relative to the inspec- 
tion of dairy products. 

Became a law April 26, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twelve of article one of chapter three hun- 
dred and thirty-eight of the laws of eighteen hundred and ninety- 
three, entitled " An act in relation to agriculture, constituting 
articles one, two, three, four and five of chapter thirty-three of 
the general laws," and known as the agricultural law, is hereby 
amended to read as follows: 

§ 12. Inspection, how conducted. When the commissioner of 
agriculture, an assistant commissioner, or any person or officer 
authorized by the commissioner, or by this chapter, to examine 
or inspect any product manufactured or offered for sale shall in 
discharge of his duties take samples of such product, he shall 
before taking a sample, request the person delivering the milk 
or who has charge of it at the time of inspection, to thoroughly 
stir or mix the said milk before the sample is taken. If the 
person so in charge refuses to stir or mix the milk as requested, 
then the person so requesting shall himself so stir and mix the 



96 

milk before taking the sample, and the defendant shall there 
after be precluded from introducing evidence to show that the 
milk so taken was not a fair sample of the milk delivered; sold, 
offered or exposed for sale by him. The person taking the 
sample of milk for analysis shall take duplicate samples thereof 
in the presence of at least one witness, and he shall in the pres 
ence of such witness seal both of such samples, and shall tender, 
and, if accepted, deliver at the time of taking one sample to the 
manufacturer or vendor of such product, or to the person having 
custody of the same, with a statement in writing of the cause of 
the taking of the sample. In taking samples of milk for analysis 
at a creamery, factory, platform or other place where the same is 
delivered by the producer for manufacture, sale or shipment, or 
from a milk vendor who produces the milk which he sells, with a 
view of prosecuting the producer of such milk for delivering, sell 
Ing or offering for sale adulterated milk, the said commissioner 
of agriculture or assistant, or his agent or agents, shall within 
ten days thereafter, with the consent of the said producer, take 
a sample in a like manner of the mixed milk of the herd of cows 
from which the milk first sampled was drawn and shall deliver 
the duplicate sample to the said producer and shall cause the 
sample taken by himself or his agent to be analyzed. If the 
sample of milk last taken by the commissioner^of agriculture or 
his agent or agents shall upon analysis prove to contain no 
higher percentage of milk solids, or no higher percentage of fat 
than as the sample taken at the creamery, factory, platform or 
other place, then no action shall lie against the said producer 
for violation of subdivisions one, two, three, seven and eight 
of section twenty of the agricultural law. In taking a 
second sample as above set forth from the mixed milk of 
the herd, it shall be the duty of the commissioner of agricul- 
ture to have an assistant, agent or agents present during 
the entire time in which the said cattle are being milked 
to observe closely so as to be sure that the milk thus to 
be sampled is not adulterated and to see that it is thoroughly 
mixed so that the sample taken shall be a fair sample of the 
average quality of the mixed milk of the entire dairy or herd of 



97 

cows of said producer. If, however, the said producer refuses to 
allow such examination of the milk produced by his dairy then 
he shall be precluded from offering any evidence whatever tend- 
ing to show that the milk delivered by him at the said creamery, 
factory, platform or other place was just as it came from the 
cow. If the said producer does permit such examination the 
commissioner of agriculture shall, upon receiving application 
therefor, send to said producer a copy of the analysis of each of 
the samples of milk so taken and analyzed as above provided. 
§ 2. This act shall take effect immediately. 



CHAPTER 558. 

AN ACT to amend the agricultural law, in relation to penalties. 

Became a law April 26, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section thirty-seven of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled " An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the general 
laws," as amended by chapter five hundred and fifty-four of the 
laws of eighteen hundred and ninety-seven, is hereby amended to 
read as follows : 

(Amended by chapter 435 of the Laws of 1899, and chapters 76 and 
559 of the Laws of 1900.) 
§ 37. Penalties. Every person violating any of the provisions 
of article two and three shall forfeit to the people of the state 
of New York a sum not less than twenty-five dollars nor more 
than one hundred dollars for every such violation. When such 
violation consists of the manufacture or production of any pro- 
hibited article, each day during which or any part of which such 
manufacture or production is carried on or continued, shall be 
deemed a separate violation of the provisions of this article. 
When the violation consists of the sale, or the offering or expos- 
7 



98 

ing for sale or exchange of any prohibited article or substance, 
the sale of each one of several packages shall constitute a sepa- 
rate violation, and each day on which any such article or sub- 
stance is offered or exposed for sale or exchange, shall constitute 
a separate violation of this article. When the use of any such 
article or substance is prohibited, each day during which or any 
part of which said article or substance is so used or furnished 
for use, shall constitute a separate violation, and the furnishing 
of the same for use to each person to whom the same may be 
furnished shall constitute a separate violation. Whoever by him- 
self or another violates any of the provisions of articles two and 
three of said chapter, shall be guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not less than twenty- 
five dollars, nor more than two hundred dollars, or by imprison- 
ment of not less than one month nor more than six months or 
by both such fine and imprisonment, for the first offense; and 
by six months' imprisonment for the second offense. 
§ 2. This act shall take effect immediately. 



CHAPTER 559. 

AN ACT to amend chapter three hundred and thirty-eight of 

the laws of eighteen hundred and ninety-three, entitled "An 

act in relation to agriculture, constituting articles one, two, 

three, four and five of chapter thirty-three of the general laws," 

relative to branding cheese. 

Became a law April 26, 1898, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section thirty-three of chapter three hundred thirty- 
eight, of the laws of eighteen hundred ninety-three, is hereby 
amended so as to read as follows: 

§ 33 Manufacturer's brand of cheese. Every manufacturer 
of full-milk cheese may put a brand upon each cheese indicating 
"full-milk cheese," and the date of the month and year when 
made; and no person shall use such a brand upon any cheese 



99 



made from milk from which any of Ahe cream has been taken. 
The commissioner of agriculture sh^ll procure and issue to the 
cheese manufacturers of the state, on proper application there- 
for, and under such regulations as io the custody and use there- 
of as he may prescribe, a uniform i tencil brand, bearing a suit- 
able device or motto, and the words, " New York state full- 
cream cheese." Every such brand s ball be used upon the outside 
of the cheese and shall bear a differ* nt number for each separate 
factory. The commissioner shall ke ep a book, in which shall be 
registered the name, location and dumber of each manufactory 
using the brand, and the name or njimes of the persons at each 
manufactory authorized to use the s&me. No such brand shall 
be used upon any other than full-cream cheese or packages con- 
taining the same. \ 

§ 2. This act shall take effect immediately. 



LAWS OF 1899, 



CHAPTER 13. 



AN ACT making an appropriation to continue the promotion of 
sugar beet culture, in accordance with the provisions of chapter 
five hundred of the laws of eighteen hundred and ninety-seven. 

Became a law February 23, 1899, with the approval of the Governor. 
Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. The sum of thirty thousand dollars, or &o much 
thereof as may be necessary, is hereby^appfoprlated out of any 
moneys in the treasury not otherwise appropriated, to be paid in 
the manner prescribed by chapter five hundred of the laws of 
eighteen hundred and ninety-seven. Of such amount the commis- 
sioner of agriculture may expend such sum or siims as he may 
deem necessary or expedient, not exceeding the sum of two thou- 
sand five hundred dollars in promoting, by instruction or other-" 
wise, and encouraging the proper and economic cultivation of 
sugar beets. This appropriation is made by the legislature in con- 
tinuation of the policy adopted at the session of eighteen hun- 
dred ninety-seven in the faith and with the declared purpose of 
making direct appropriations from the state for a successive period 
of not less than five years from said first appropriation, in aid 
of the permanent establishment of the beet sugar industry in this 
state. 

§ 2. This act shall take effect immediately. 



101 

CHAPTER 101. 

AN ACT to. amend the agricultural law, relative to the weighing 

of sugar beets. 

Became a law March 17, 1899, with the approval of the Governor. 
Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section seventy-five of the ^agricultural \law, as 
amended by chapter five hundred of the laws of eighteen hundred 
and ninety-seven, is hereby amended to read as follows : 

§ 75. Weighman, powers and duties. Tt shall be the duty of 
the c ommiss ioner of Agrirvnl ture to app oint, at each sugar manu- 
factory in this state where the output of jsuch, manufactory shall 
exceed two thousand pounds of sugar per day, a person who shall 
weigh all^Beets - received by the person or persons, corporation or 
association operating said manufactory. Such person shall be 
known as the weighman, and he shall keep accurate record of all 
duties performed by him. He shall discharge all duties pertain- 
ing to his position in an impartial manner, and shall furnish the 
commissioner of agriculture with a good and sufficient bond in 
the sum of two thousand dollars for the faithful discharge of his 
duties as prescribed by this act. The commissioner of agriculture 
may appoint such person or persons to assist said weighman as 
the service to be performed ma y require. Each person so ap- 
pointed shall give bond as provided by this section. The weigh- 
man shall take into his possession, promptly on receipt of beets 
at such manufactory, such samples' of beets as he deems fair and 
equitable, from which to remove dirt or other dockage. He shall 
then promptly weigh all beets from which samples have been 
taken and keep an accurate record of all weights, and all of such 
records shall show the names of both the seller and the buyer. 
The weights furnished by said weighman shall be accepted by 
both the seller and the buyer, and upon such weight so furnished 
settlement between the seller and ithe buyer shall be made. The 
compensation_or fee allowed such weighman shall not exceed the 
sum odTlive dollars per day for time actually employed and for 
his assistants a sum not to exceed three dollars per day for the 
time actually employed. All expenses arising from the duties of 
said weighman or his assistants, as prescribed by this act, shall 
be paid by the person or p ersonS j^corporation or association oper- 



102 

ating such manufactory where such expense is incurred. The 
foregoing provisions of this section as to weighing shall not apply 
to such beets as are weighed by Agreement of the buyer and seller 
at the station of shipment, but the weighing in such cases shall be 
done by persons appointed by khe commissioner of agriculture 
and the expense of such weighing shall be borne as provided in 
this act. 

§ 2. This act shall take effect immediately. 



CHAPTER 149. 

AN ACT to amend the agricultural law, in relation to process 
butter and the use of preservatives in dairy products. 

Became a law March 27, 1899, with the approval of the Governor. 
Passed, a majority being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twenty-seven of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, en- 
titled "An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the general 
laws," is hereby amended so as to read as follows : 

(Amended by chapter 534 of the Laws of 1900.) 

§ 27. Manufacture or mixing of animal fats with milk, cream 
or butter prohibited. No person shall manufacture, mix or com- 
pound with or add to natural milk, cream or butter any animal 
fats or animal or vegetable oils, nor make or manufacture any 
oleaginous substance not produced from milk or cream, with in- 
tent to sell the same as butter or cheese made from unadulterated 
milk or cream or have the same in his possession with such intent ; 
nor shall any person solicit or take orders for the same or offer 
the same for sale, nor shall any such article or substance or com- 
pound so made or produced, be sold as and for butter or cheese^ 
the product of the dairy. No person shall coat, powder or color 
with annatto or any coloring matter whatever, butterine or oleo- 
margarine or any compound of the same or any product or manu- 
facture made in whole or in part from animal fats- or animal or 
vegetable oils not produced from unadulterated milk or cream by 



103 

means of which such product, manufacture or compound shall 
resemble butter or cheese, the product of the dairy; nor shall he 
have the same in his possession with intent to sell the same nor 
shall he sell or offer to sell the same. 'No person by himself, his 
agents or employes, shall manufacture, sell, offer or expose for 
sale, butter that is produced by taking original packing stock or 
other butter or both and melting the same, so that the butter fat 
can be drawn off, then mixing the said butter fat with skimmed 
milk or milk or cream or other milk product and rechurning the 
said mixture, or that is produced by any similar process and is 
commonly known as boiled or process butter, unless he shall 
plainly brand or mark the package or tub or wrapper in which the 
same is put up in a conspicuous place with the words " renovated 
butter." If the same shall be put up, sold, offered or exposed for 
s-ale in prints or rolls, then the said prints or rolls shall be labeled 
plainly with printed letters in a conspicuous place on the wrapper 
with the words " renovated butter." If the same is packed in 
tubs or boxes or pails or other kind of a case or package the words 
" renovated butter " shall be printed on the top and side of the 
same in letters, at least, one inch in length, so as to be plainly 
seen by the purchaser. If such butter is exposed for sale, uncov- 
ered, not in a package or case, a placard containing the label so 
printed shall be attached to the mass of butter in such manner as 
to easily be seen and read by the purchaser. No person shall sell, 
offer or expose for sale, any butter or other dairy product con- 
taining a preservative, but this shall not be construed to prohibit 
the use of salt in butter or cheese, or spirituous liquors in club or 
other fancy cheese or sugar in condensed milk. 
§ 2. This act shall take effect immediately. 



104 

CHAPTER 223. 

AN ACT to amend chapter three hundred and thirty-eight of the 
laws of eighteen hundred and ninety-three, entitled "An act in 
relation to agriculture, constituting articles one, two, three, 
four, five, six, seven and eight of the general laws," relative to 
prevention of diseases among bees. 

Became a law April 3, 1899, with the approval of the Governor. 
Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty of chapter three hundred and thirty- 
eight of the laws of eighteen hundred and ninety-three, is hereby 
amended so as to read as follows : 

§80. The prevention of diseases among bees. No person shall 



keep in his apiary any colony of 



bees affected with a contagious 



malady known as f oul brood am . every_j2e£=keepar 7 when he be- 
comes aware of the existence of such disease among his bees, shall 
immediately notify the commissioner of agriculture of the exist- 
ence of such disease. 

§ 2. Section eighty-one of sai<jl act is hereby amended so as to 
read as follows : 

§ 81. Duties of the commissioner. The commissioner of agri- 
culture shall immediately upon jreceiving notice of the existence 
of foul brood among bees in any locality, send some competent 
person or persons to examine thje apiary or apiaries reported to 
him as being affected, and all the other apiaries in the immediate 
locality of the apiary or apiaries so reported ; if foul brood is found 
to exist in them, the person orl persons so sent by the commis- 
sioner of agriculture shall give! the owners or caretakers of the 
diseased apiary or apiaries full instructions how to treat said 
cases. The commissioner of agriculture shall cause said apiary 
or apiaries to be visited from time to time as he may deem best 
and if, after proper treatment, \ the said bees shall not be cured 



of the disease known as foul brood, then he may cause the same 
to be destroyed in such manner as may be necessary to prevent 
the spread of the said disease. Tor the purpose of enforcing this 
act, the commissioner of agriculture, his agents, employes, ap- 
pointees or counsel, shall have access, ingress and egress to all 
places where bees or honey or appliances used in apiaries may be, 
which it is believed are in any way affected with the said disease 



105 

of foul brood. No owner or caretaker of a diseased apiary, honey 
or appliances shall sell, barter or give away any bees, honey 
or appliances from said diseased apiary, or expose other bees to 
the danger of said disease, nor refuse to allow the said commis- 
sioner of agriculture, or the person or persons appointed by him 
to inspect said apiary, honey or appliances, and do such things as 
the said commissioner of agriculture or the person or persons 
appointed by him shall deem necessary for the eradication of said 
disease of foul brood. Any person who disregards or violates any 
of the provisions of this section is guilty of a misdemeanor, and 
shall be punished by a fine of not less than thirty dollars nor more 
than one hundred dollars, or by imprisonment in the county jail 
for not less' than one month nor more than two months, or by both 
fine and imprisonment. 

§ 3. This act shall take effect immediately. 



CHAPTER 303. 

AN ACT to amend the agricultural law relative to the promotion 

of sugar beet culture. 

Became a law April 13, 1899, with tlie approval of the Governor. 

Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section seventy-two of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, en- 
titled "An act in relation to agriculture, constituting articles one, 
two, three, four and five of chapter thirty-three of the general 
laws," as added thereto by chapter five hundred of the laws of 
eighteen hundred and ninety-seven, is hereby amended so as to 
read as follows : 

§ 72. Persons, et cetera, to whom moneys may be distributed. 
Any person, firm, association or corporation, engaged in the manu- 
facture of sugar from beets grown in the state of New York, upon 
registration in the office of the commissioner of agriculture, and 
filing a certificate therein, stating the name of such person, firm, 
association or corporation, the location of the factory, and the 
capacity thereof, and the time when the manufacture of sugar 
began or is to begin, shall be entitled to a distributive share of 



106 

the amount appropriated for the promotion and encouragement of 
sugar beet culture, as provided in this' article. No such person, 
firm, association or corporation shall receive any portion of the 
moneys so appropriated, unless all the beets used in the manu- 
facture of such sugar are grown within the state of New York, 
and un less the grow er received therefor a net sum of not less than 
five dollars per ton, to be delivered at such point as may be 
agreed upon by the grower and the manufacturer, and provided 
such beets are not grown by tne manufacturer of such sugar. No 
money shall be distributed |to such manufacturers, unless the 
sugar manufactured by thenk shall contain at least ninety per 
centum of crystallized sugar. The commissioner of agriculture 
may expend such sum or sums as he may deem necessary or ex- 
pedient, not exceeding ten per (centum of the amount appropriated 
for the purposes of this article, in practical and scientific experi- 
mentsTn growing sugar beeti' in one or more sections of this 
state, for the purpose of determining the adaptability of the soil 
thereof for the production of srjgar beets. 

§ 2. This act shall take effect immediately, and shall apply to 
all moneys appropriated by the provisions of chapter one hundred 
and ninety-one of the laws of eighteen hundred and ninety-eight 
and not heretofore distributed. 



CHAPTER 435. 

AN ACT to amend chapter three hundred and thirty-eight of the 
laws of eighteen hundred and ninety-three, entitled "An act 
in relation to agriculture, constituting articles one, two, three, 
four and five, constituting chapter' thirty-three of the general 
laws/' relative to penalties. 

Became a law April 25, 1899, with the approval of the Governor. 
Passed, a majority being present. 

The People of the State of New York, represented in Senate and 
'Assembly, do enact as follows: 

Section 1. Section thirty-seven of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, as 
amended by chapter Hive hundred and fifty four of the laws of 
eighteen hundred and ninety-seven, as amended by chapter five 



107 

hundred and fifty-eight of the laws of eighteen hundred and 
ninety-eight, is hereby amended so as to read as follows : 

(Amended by chapters 76 and 559 of the Laws of 1900.) 

§ 37. Penalties. Every person violating any of the provisions 
of articles two and three and sections ninety-one and ninety-two 
of the agricultural law and chapter four hundred and ninety-one 
of the laws of eighteen hundred and ninety-eight, shall forfeit to 
the people of the state of New York a sum not less than twenty- 
five dollars nor more than one hundred dollars for every such 
violation. When such violation consists of the manufacture or 
production of any prohibited article, each day during which or 
any part of which such manufacture or production is carried on or 
continued, shall be deemed a separate violation of the provisions 
of this article. When the violation consists of the sale, or the 
offering or exposing for sale or exchange of any prohibited ar- 
ticle or substance, the sale of each one of several packages shall 
constitute a separate violation, and each day on which any such 
article or substance is offered or exposed for sale or exchange, 
shall constitute a separate violation of this article. When the 
use of any such article or substance is prohibited, each day dur- 
ing which or any part of which said article or substance is so used 
or furnished for use, shall cons-titute a separate violation, and the 
furnishing of the same for use to each person to whom the same 
may be furnished shall constitute a separate violation. Whoever 
by himself or another violates any of the provisions of articles two 
and three and sections- ninety-one and ninety-two of the agricul- 
tural law shall be guilty of a misdemeanor, and upon conviction 
shall be punished by a fine of not less than twenty-five dollars, 
nor more than two hundred dollars, or by imprisonment of not 
less than one month nor more than six months or by both such 
fine and imprisonment, for the first offense; and by six months' 
imprisonment for the second offense. 

§ 2. This act shall take effect immediately. 



108 

CHAPTER 510. 

AN ACT to amend the agricultural law, regulating the sale and 
analysis of concentrated feeding stuffs. 

Became a law May 3, 1899, with the approval of the Governor. 
Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Chapter three hundred and thirty-eight of the laws 
of eighteen hundred and ninety-three, entitled "An act in relation 
to agriculture, constituting articles one, two, three, four and five 
of chapter thirty-three of the general laws," is hereby amended 
by adding at the end thereof a new article to be known as article 
nine, and to read as follows : 

AETICLE IX. 

Sale and Analysis of Concentrated Commeecial Feeding 

Stuffs. 

Section 120. Term " concentrated commercial feeding stuffs " defined. 

121. Statements to be attached to packages; contents; analysis. 

122. Statements to be filed with director of agricultural experi- 

ment station; to be accompanied by sample. 

123. License fee. 

124. Analysis to be made by director of experiment station; 

samples to be taken for analysis. 

125. Penalty for violation of article. 

126. Sale of adulterated meal or ground grains; penalty. 

127. Violation to be reported to the commissioner of agriculture. 

§ 120. Term "concentrated commercial feeding stuffs" denned 

The term " concentrated commercial feeding stuff " as used 
in this article, shall include linseed meals, cottonseed meals, pea- 
meals, cocoanut meals, gluten meals', gluten feeds, maize feeds, 
starch feeds, sugar feeds, dried brewer's grains, malt sprouts, 
hominy feeds, cerealine feeds, rice meals, oat feeds, corn and oat 
chops, ground beef or fish scraps, mixed feeds', and all other 
materials of similar nature ; hut shall not include hays and straws ; 
the whole seeds nor the unmixed meals made directly from the 
entire grains of wheat, rye, barley, oats, Indian corn, buckwheat, 
and broom corn. Keither shall it include wheat, rye and buck- 
wheat brans or middlings, not mixed with other substances, but 
sold separately, as distinct articles of commerce, nor pure grains 
ground together. 



109 

§ 121. Statements to be attached to packages ; contents ; an- 
alysis. Every manufacturer, company or person who shall sell ? 
offer or expose for sale or for distribution in this state any concen- 
trated commercial feeding stuffy used for feeding farm live stock, 
shall furnish with each car or other amount shipped in bulk and 
shall affix to every jpackage_of such feeding stuff in a conspicuous 
place on the outside thereof, a plainly printed statement clearly 
and. truly certifying the number oFnet pounds in the_ package 
sold or offered for sale, the name or trade mark under which the 
article is sold, the name of the manufacturer or shipper, the place 
of manufacture, the place of business and a chemical analysis 
stating the percentages it contains of crude protein, allowing one 
peTTcentum of nitrogen to equal six and one-fourth per centum of 
protein, and of crude fat, both constituents to be determined by 
the methods prescribed by the director of the New York Agricul- 
tural Experiment Station. Whenever any feeding stuff is sold 
"aT retail in bulk or in packages belonging to the purchaser, the 
agent or dealer, upon request of the purchaser shall furnish to 
him the certified statement named in this* section. 

§ 122. Statements to be filed with director of agricultural ex- 
periment station ; to be accompanied by sample. Before any 
manufacturer, company or person shall sell, offer or expose for sale 
in this state any concentrated commercial feedingstuff s, he or they 
shall for each and every feeding stuff bearing a distinguishing 
name or trade mark, file annually during the month of December - 
with the director of the New York Agricultural Experiment Sta- 
tion a certified copy of the statement specified in the preceding sec- 
tion, said certified copy to be accompanied, when the director shall 
S'qjrequest, by a sealed glass~JaT^r~h"ottte' containing at least one 
pound of the feeding stuff to be sold or offered for sale, and the'' 
company or person furnishing said sample shall thereupon make 
affidavit that said sample corresponds within reasonable limits to 
the feeding stuff which it represents, in the percentage of protein 
and fat which it contains. 

(Amended by chapter 79 of the Laws of 1900.) 
§ 123. License fee. EacK manufacturer, importer, agent or 
seller of any concentrated commercial feeding stuffs, shall pay 
annually during the month of December to the treasurer of the 
New York Agricultural Experiment Station a license fee of 
twenty-five dollars. Whenever a manufacturer, importer, agent 
or seller of concentrated commercial feeding stuffs desires at any 



no ; 

time to sell such material and has not paid the license fee therefor 
in the preceding month of December, as required by this section, 
he shall pay the license fee prescribed herein before making any 
such sale. The amount of license fees received by such treasurer 
pursuant to the provisions of this section shall be paid by him to 
the treasurer of the state of New York. The treasurer of the 
state of New York shall pay from such amount when duly appro- 
priated the moneys required for the expense incurred in making 
such inspection required by this section and enforcing the pro- 
visions thereof. The board of control of the New York Agricul- 
tural Experiment Station shall report annually to the legislature 
the amount received pursuant to this article, and the expense in- 
curred for salaries, laboratory expenses, chemical supplies, travel- 
ing expenses, printing and other necessary matters. Whenever 
the manufacturer, importer or shipper of concentrated commercial 
feeding stuff shall have filed the statement required by section one 
hundred and twenty-one of this article and paid the license fee as 
prescribed in this section, no agent or seller of such manufacturer, 
importer or shipper shall be required to file such statement or pay 
such fee. 

§ 124. Analysis to be made by/ director of experiment station ; 
samples to be taken for analysis-. The director of the New York 
experiment station shall annualljj analyze, or cause to be analyzed, 
at least one sample to be. taken! in the manner hereinafter pre- 
scribed, of every concentrated (fommercial feeding stuff sold or 
offered for sale under the provisions of this act. Said director 
shall cause a sample to be takefn, not exceeding two pounds in 
weight, for said analysis, from any lot or package of such commer- 
cial feeding stuff which may be in the possession of any manu- 
facturer, importer, agent or dealer in this state; but said sample 
shall be drawn in the presence of the parties in interest, or their 
representatives and taken from a parcel or a number of packages, 
which shall not be less than ten per centum of the whole lot 
sampled, and shall be thoroughly mixed, and then divided into 
equal samples, and placed in glass vessels, and carefully sealed and 
a label placed on each, stating the name of the party from whose 
stock the sample was drawn and the time and place of drawing, and 
said label shall also be signed by the person taking the sample, 
and by the party or parties in interest or their representative at 
the drawing and sealing of said samples; one of said duplicate 
samples shall be retained by the director and the other by the party 
whose stock was sampled ; and the sample or samples retained by 



Ill 

the director shall be for comparison with the certified statement 
named in section one hundred and twenty-two of this' article. 
The result of the analysis of the sample or samples so procured, 
together with such additional information as circumstances ad- 
vise, shall be published in reports or bulletins from time to time. 

§ 1^5. Penalty for violation of action. Any manufacturer, im- 
porter, or person who shall sell, offer or expose for sale or for dis- 
tribution in this state any concentrated commercial feeding stuff, 
without complying with the requirements of this article, or any 
feeding stuff which contains substantially a smaller percentage 
of constituents than are certified to be contained, shall, on con- 
viction in a court of competent jurisdiction, be fined not more than 
one hundred dollars for the first offense, and not more than two 
hundred dollars' for each subsequent offense. 

§ 126. Adulterated meal or ground grain, penalty. Any person 

who shall adulterate any kind of meal or ground grain with mill- 
ing or manufacturing offals, or any other substance whatever, for 
the purpose of sale, unless the true composition, mixture or adul- 
teration thereof is plainly marked or indicated upon the package 
containing the same or in which it is offered for sale ; or any per- 
son who knowingly sells, or offers for sale any meal or ground 
grain which has been so adulterated unless the true composition, 
mixture or adulteration is plainly marked or indicated upon the 
package containing the same, or in which it is offered for sale, 
shall be fined not less than twenty-five or more than one hundred 
dollars for each offense. 

§ 127. Violation y e reported to the commissioner of agricul- 
ture. Whenever the director becomes cognizant ofjt he vi olation 
of any of the provisions of this article, he shall report such viola 
tion to the commissioner of agriculture, and said commissioner - 
of agriculture shall prosecute the party or parties thus reported ; 
but it shall be the duty of said commissioner upon thus ascertain- 
ing any violation of this article, to forthwith notify the manu- 
facturer, importer or dealer in writing and give' him not less than 
thirty days thereafter in which to comply with the requirements 
of this article, but there shall be no prosecution in relation to the 
quality of any concentrated commercial stuff if the same shall be 
found substantially equivalent to the certified statement named 
in section one hundred and twenty-two of this article. 

§ 2. This act shall take effect December first, eighteen hundred 
8"<id ninety-nine. 



112 

CHAPTER 518. 

AX ACT to amend the agricultural law, relating to the manu- 
facture and use of coloring matter in food products. 

Became a law May 4, 1899, with the approval of the Governor. 
Passed, three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Article two of chapter three hundred and thirty- 
eight of the laws of eighteen hundred and ninety-three, entitled 
"An act in relation to agriculture, constituting articles one, two, 
three, four and five of chapter thirty-three of the general laws'," 
is hereby amended by inserting therein a new section to be known 
as section twenty-nine-a, and to read as follows : 

§ 29a. No person or persons shall manufacture, sell or expose 
for sale any poisonous coloring matter for the coloring of food 
products of any kind, nor shall any person or persons use any 
poisonous coloring matter manufactured, sold, offered or exposed 
for sale within this state; nor shall any person or persons sell, 
offer or expose for sale any food product containing such poison- 
ous? coloring matter. The state board of health shall cause sam- 
ples of coloring matter that are exposed for sale upon the market 
for use in food products to be analyzed and report the results of 
such analysis to the legislature at the next session. 

§ 2. This act shall take effect immediately. 



LAWSOF1900. 



CHAPTER 76. 

AN ACT to amend the agricultural law, relating to penalties for 
watering milk furnished to butter and cheese factories con- 
ducted on the co-operative plan. ' 

Became a law March 6, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section thirty-seven of chapter two hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, en* 
titled "An act in relation to agriculture, constituting articles one, 
two, three, four and five of chapter twenty-three of the general 
laws," as amended by chapter four hundred and thirty-five of the 
laws of eighteen hundred and ninety-nine is hereby amended to 
read as follows: 

§ 37. Penalties. — Every person violating any of the provisions 
of articles two and three of sections ninety-one and ninety-two of 
the agricultural law and chapter four hundred and ninety-one of 
the laws of eighteen hundred v and ninety-eight, shall forfeit to the 
people of the state of New York a sum of not less than twenty-five 
dollars nor more than one hundred dollars for every such viola- 
tion. A person who brings or causes to be brought to a butter or 
cheese factory owned or operated by a co-operative association, 
milk diluted with water or any unclean, impure, unhealthy 
adulterated or unwholesome milk, or milk from which any of the 
cream has been taken, except pure skim milk to skim cheese fac- 
tories, shall forfeit to the people of the state for the first offense 
the sum of fifty dollars and for each subsequent offense the sum 
of one hundred and fifty dollars; upon recovery of the penalty so 
prescribed, one-half thereof shall be paid into the state treasury, 
one-fourth shall be paid into the county treasury, and the remain- 
ing one-fourth shall be paid to the treasurer of the co-operative 
association owning or operating such butter or cheese factory, to 
8 



114 

be divided among the members thereof in the same manner as the 
other receipts of such association. When such violation consists 
of the manufacture or production of any prohibited article, each 
day during which or any part of which such manufacture or pro- 
duction is carried on or continued, shall be deemed a separate 
violation of the provisions of this article. When the violation con- 
sists of the sale, or the offering or exposing for sale or exchange of 
any prohibited article or substance, the sale of each one of several 
packages shall constitute a separate violation, and each day on 
which any such article or substance is offered or exposed for sale 
or exchange shall constitute a separate violation of this article. 
When the use of any such article or substance is prohibited, each 
day during which or any part of which said article or substance is 
so used or furnished for use, shall constitute a separate violation, 
and the furnishing of the same for use to each person to whom 
the same may be furnished shall constitute a separate violation. 
Whoever by himself or another violates any of the provisions of 
articles two and three and sections ninety-one and ninety-two of 
the agricultural law shall be guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not less than twenty -five 
dollars, nor more than two hundred dollars, or by imprisonment 
of not less than one month nor more than six months or by both 
such fine and imprisonment, for the first offense; and by six 
months' imprisonment for the second offense. 
§ 2. This act shall take effect immediately. 



CHAPTER 79. 

AN ACT to amend the agricultural law, relating to license fees 

for selling concentrated commercial feeding stuffs. 

Became a law March 7, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section one hundred and twenty-three of chapter 
three hundred and thirty-eight of the laws of eighteen hun- 
dred and ninety-three, entitled "An act in relation to agricul- 



115 

ture, constituting articles one, two, three, four and five of chap- 
ter thirty-three of the general laws," as added by chapter five 
hundred and ten of the laws of eighteen hundred and ninety-nine, 
is hereby amended to read as follows: 

§ 123. License fee. — Each manufacturer, importer, agent _or 
seller of any concentrated commercial feeding stuffs, shall pay an- 
nually during the month of December to the_treasurer of the New 
York Agricultural Experiment Station, a license fee of twenty- 
five dollars for each anld every brand sold or offered for sale. 
Whenever a manufacturer, importer, agent or seller of concen- 
trated commercial feeding stuffs desires at any time to sell such 
material and has not paid the license fee therefor in the preced- 
ing month of December, as required by this section, he shall pay 
the license fee prescribed herein before making any such sale. 
The amount of license fees received by such treasurer pursuant to 
the provisions of this section shall be paid by himjtothe treasurer 
of the state of New York. The treasurer of the state of New 
York shall pay from such amount when duly appropriated the 
moneys required for the expense incurred in making such inspec- 
tion required by this section and enf or cm^gihe provisions thereof. 
The board of control of the New York Agricultural Experiment 
Station shall report annually to the legislature the amount re- 
ceived pursuant to this article, and the expense incurred for 
salaries, laboratory expenses, chemical supplies, traveling ex- 
penses, printing and other necessary matters. Whenever the 
manufacturer, importer or shipper of concentrated commercial 
feeding stuff shall have filed the statement required by section 
one hundred and twenty-one of this article and paid the license 
fee as prescribed in this section, no agent or seller of such man- 
ufacturer, importer or shipper shall be required to file such state- 
ment or pay such fee. 

§ 2. This act shall take effect immediately. 



116 

CHAPTER 87. 

AN ACT to amend the agricultural law, relative to distribution 
of moneys to agricultural societies. 

Became a law, March 7, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as folloivs: 

Section 1. Section eighty-eight of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled "An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the gen- 
eral laws," as amended by chapter four hundred and ninety- 
four of the laws of eighteen hundred and ninety-eight, is hereby 
amended so as to read as follows: 

§ 88. Receipts and apportionment of moneys for the promo- 
tion of agriculture. — Of all moneys appropriated for the promo- 
tion of agriculture in any one year, twenty thousand dollars 
thereof shall be distributed in premiums by the New York State 
Agricultural Society; two thousand dollars thereof shall be paid 
to each of the agricultural societies, agricultural clubs, or agri- 
cultural expositions which shall have held annual agricultural 
fair meetings during each of the three years next preceding 
such appropriation, and which shall have paid at each of such 
annual fairs or meetings during such three years the sum of 
three thousand dollars as premiums for agricultural interests, 
exclusive of the premiums paid for trials or tests of speed, skill 
or endurance of man or beast, under the conditions and in 
the manner provided by section eighty-nine of this chapter. 
Seventy per centum of the balance of the amount so appropri- 
ated shall be apportioned and distributed among the various 
county agricultural societies, the American Institute of 
the City of New York, and any agricultural society which has 
received from the state funds no money, except that set apart 
for or distributed to county agricultural societies, and thirty 
per centum thereof among the various town and other 
agricultural societies, agricultural clubs or agricultural exposi- 
tions entitled by this section to receive thirty per centum of 
the moneys received by the comptroller from the tax collected 



117 

from the racing associations, corporations or clubs of the state. 
Such apportionment and distribution shall be made by the com- 
missioner of agriculture in the following manner: One-half of 
the seventy per centum to be apportioned to such county agri 
cultural societies, the American Institute of the City of 
New York, and any agricultural society which has received from 
the state funds no money except that set apart for or distributed 
to county agricultural societies, shall be apportioned and dis- 
tributed equally and the remainder in proportion to the 
actual premiums paid during the previous year by such societies 
and institute, exclusive of premiums paid for trials or tests of 
speed, skill or endurance of man or beast. If there is no county 
agricultural society in any county, or if the county agricultural 
society is not in active operation as such, then the town society 
or societies in such county, or other agricultural societies in 
scch county, except the New York State Agricultural Society, 
that would otherwise be entitled to share under the thirty per 
centum distribution referred to in this section, shall share jointly 
in the distribution of such money ou the same basis as they 
would if they were a county agricultural society, provided such 
societies sustain a public fair with premium list, which premium 
list and reports of such societies shall be forwarded and made 
to the commissioner of agriculture. Of the thirty per centum 
to be distributed among the various town and other agricultural 
societies, clubs or expositions one-third thereof shall be appor- 
tioned and distributed equally and the remainder in proportion 
to the premiums awarded and paid by said society, club or ex- 
position for exhibits made at the annual fair upon the awards 
or premiums of which they seek a portion of the money to be 
distributed, exclusive of premiums paid for trials or tests of 
speed, skill or endurance of man or beast. No proportion of 
such amount shall be paid to any such society, club or exposi- 
tion in which the actual amount paid by it as such premiums 
in the year preceding such apportionment, is less than five hun- 
dred dollars. All revenues which have been or shall be received 
by the comptroller, and not distributed as heretofore provided, 
and all moneys received by him from the tax collected from 
racing associations pursuant to chapter one hundred and ninety- 
seven of the laws of eighteen hundred and ninety-four, and chap- 



118 

ter five hundred and seventy of the laws of eighteen hundred 
and ninety-five, and all acts amendatory thereto, or hereafter 
otherwise collected from racing associations, corporations or 
clubs, shall constitute a fund, which shall be annually disbursed 
on behalf of the state for prizes for improving the breed of cat- 
tle, sheep and horses at the various fairs throughout the state as 
hereinafter prescribed. Thirty per centum of the funds so col- 
lected shall be disbursed by the commissioner of agriculture 
among the agricultural societies, agricultural clubs or agricul- 
tural expositions of the state, which had not, previous to May 
twenty-ninth, eighteen hundred and ninety-five, received appro- 
priations from the state, other than appropriations that they re- 
ceived from the fund to be distributed to county societies from 
the fact that there was no county society in existence or in ac- 
tive operation within the county, as follows: One-third shall 
be apportioned and distributed equally and the remainder in 
proportion to the premiums awarded and paid by said society,. 
club or exposition for exhibits made at the annual fairs upon the 
awards or premiums of which they seek a portion of the money 
to be distributed, such sums shall only be paid to such societies 
which have received appropriations from the state previous to 
the passage of this act, and are now duly organized under the 
laws of the state of New York, and in active operation in coun- 
ties having a population according to the census of eighteen hun- 
dred and ninety-two of over three hundred and twenty-five thous- 
and inhabitants, or which shall have held fairs, annually, during 
each of the three years prior to May twenty-ninth, eighteen hun- 
dred and ninety-five, and which shall have paid, at their annual 
meetings or fairs during such three years, not less than 
one thousand dollars in the aggregate as premiums for agricul- 
tural, mechanical and domestic products, exclusive of the pre- 
miums paid for trials or tests of speed, skill or endurance of man 
or beast, and which shall have filed their report with the com- 
missioner of agriculture, on or before July first, eighteen hun- 
dred and ninety-five, as heretofore provided in chapter eight hun- 
dred and twenty of the laws of eighteen hundred and ninety-five. 
Seventy per centum of such funds shall be disbursed by the com- 
missioner of agriculture among the various county agricultural 



119 

societies throughout the state, the American Institute in 
the City of New York, and any agricultural society which has re- 
ceived from the state funds no money except that set apart or 
distributed to county agricultural societies, as follows: One- 
half shall be apportioned and distributed equally, and the re- 
mainder in proportion to the premiums awarded and paid by 
said society, club or exposition, for exhibits made at the annual 
fair upon the awards or premiums of which they seek a portion 
of the money to be distributed, exclusive of premiums paid for 
trials or tests of speed, skill or endurance of man or beast. If 
there is no county agricultural society in any county, or if the 
county agricultural society is not in active operation as such, 
then the town society or societies in such county, or other agri- 
cultural societies in such county, except the New York State Ag- 
ricultural Society, that would otherwise be entitled to share un- 
der the thirty per centum distribution referred to in this section, 
shall share jointly in the distribution of such money on the same 
basis as they would if they were a county agricultural society, pro- 
vided such societies sustain a public fair, with premium list, and 
reports of such societies shall be forwarded and made to the com- 
missioner of agriculture, and any agricultural society which has 
received each year since its incorporation, money from the state 
of the same amount as if said society were the county society, 
shall continue to share in the funds the same as though it were 
actually the county society, on condition that it shall fulfill the 
provisions of this act as to holding fairs, paying premiums and 
filing reports, and any fair association which shall have received 
no money from the state funds except that distributed to county 
agricultural societies, and shall have held a fair as required by 
this act, shall receive from the funds apportioned to county agri- 
cultural societies in the same relative proportion as if it were 
actually the county society and shall share in any part of any 
year's fund set apart or retained from the money apportioned to 
agricultural societies for that year in the same relative 
amount as any county agricultural society shared in the 
agricultural society funds of that year, and such so- 
ciety shall hereafter be subject to all provisions of this act re- 
lating to county agricultural societies. All agricultural socie- 



120 

ties, agricultural clubs or agricultural expositions entitled to re- 
ceive any portion of the moneys appropriated by the state must 
hereafter, on or before the fifteenth day of December, in each 
year, file a statement, duly verified by the secretary and treasurer, 
showing the amount of premiums paid at the last annual fair, 
exclusive of the premiums paid for trials or tests of speed, skill 
or endurance of man or beast, which statement shall be filed in 
the office of the commissioner of agriculture, otherwise such 
society, club or exposition shall forfeit its right to participate 
in the distribution of such moneys for premiums paid for such 
year. No proportion of such moneys shall be paid to any such 
society, club or exposition in which the actual amount paid by it 
as such premiums in the year preceding such apportionment, is 
less than five hundred dollars. Any town or other agricultural 
society in a county in which there is no county agricultural so- 
ciety in active operation and which, according to the terms of 
this section receives any portion of the seventy per centum of 
such funds apportioned to county agricultural societies, shail not 
receive any portion of the thirty per centum of such funds. Any 
such society, club or exposition, receiving the sum of two thous- 
and dollars under the provisions of section eighty-nine of this 
act, shall not receive any other portion of the money appro- 
priated for the promotion of agriculture. Any such agricultural 
society, agricultural club, agricultural exposition, or agricultural 
fair association, organized under the laws of the state of New 
York, which shall fail or neglect to hold annual fairs and file 
their annual reports as provided by this law, with the commis- 
sioner of agriculture, for two consecutive years, shall forfeit all 
of their chartered rights, including any privileges or moneys 
they might thereafter otherwise be entitled to under this act. 
§ 2. This act shall take effect immediatelv. 



121 

CHAPTER 101. 

AN ACT to amend the agricultural law, relating to the sale of 
adulterated milk or cream. 

Became a law, March 12, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of Neiv York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twenty-two of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled "An act in relation to agriculture, constituting articles 
one, two, three, four and fiVe of chapter thirty-three of the gen- 
eral laws," is hereby amended to read as follows: 

§ 22. Prohibition of the sale of adulterated milk. — No person 
shall sell or exchange, or offer or expose for sale or exchange, 
any unclean, impure, unhealthy, adulterated or unwholesome 
milk or any cream from the same, or any unclean, impure, un- 
healthy, adulterated, colored, or unwholesome cream, or sell or 
exchange or offer or expose for sale or exchange any article of 
food made from such milk or cream or manufacture from any such 
milk or cream any article of food. 

§ 2. This act shall take effect immediately. 



CHAPTER n8. 

AN ACT to amend chapter three hundred and thirty-eight of the 
laws of eighteen hundred and ninety-three, entitled " An act in 
relation to agriculture, constituting articles one, two, three, 
four and five of chapter thirty-three of the general laws " rela- 
tive to diseases of domestic animals. 

Became a law, March 14, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section sixty of said act is hereby amended so as to 
read as follows: 

§ 60. Suppression of infectious and contagious disease. — When- 
ever any infectious or contagious disease except tuberculo- 



122 

eis and glanders, affecting domestic animals shall be brought into 
or break out in this state, the commissioner of agriculture shall 
take measures to promptly suppress the same, and to prevent 
such disease from spreading. 

§ 2. Section sixty-five of said act is hereby amended so as to 
read as follows: 

§ 65. Regulations and the enforcement thereof. — The commis- 
sioner may prescribe suck regulations as in his judgment may 
be thought suited for the suppression or prevention of the spread 
of any such disease, and for the disinfection of all premises, 
buildings, railway cars, vessels and other objects from or by 
means of which infection or contagion may take place or be con- 
veyed. He may alter or modify, from time to time, as he may 
deem expedient, the terms of all notices, .orders and regulations 
issued or made by him, and may at any time cancel or withdraw 
the same. He may call upon the sheriff or deputy sheriff, to 
carry out and enforce the provisions of any_ notice, order or regu- 
lation which he may make, and all such sheriffs and deputy sher- 
iffs shall obey and observe all orders and instructions which they 
may receive from him in the premises, If the commissioner shall 
quarantine any particular district or territory for the purpose of 
stopping or preventing the spread of the disease known as rabies 
and if any dog be found loose within the said quarantine district 
in violation of said quarantine or regulation, any person may kill 
or cause to be killed such dog and shall not be held to be liable 
for damages for such killing. 

§ 3. This act shall take effect immediately. 



CHAPTER 339- 

AN ACT to amend the agricultural law, relative to the distribu- 
tion of moneys to agricultural societies. 

Became a law, April 9, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section eighty-eight of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, en- 



123 



titled "An act in relation to agriculture, constituting articles one, 
two, three, four and five, of chapter thirty-three of the general 
laws," as amended by chapter two hundred and forty-one of the 
laws of eighteen hundred and ninety-four, by chapter eight hun- 
dred and twenty of the laws of eighteen hundred and ninety- 
five, and by chapter four hundred and ninety-four of the laws of 
eighteen hundred and ninety-eight, and by chapter eighty-seven 
of the laws of nineteen hundred, is hereby amended to read as 
follows: 

§ 88. Receipts and appor ionment of moneys for the promotion 
of agriculture. — Of all moneys appropriated for the promotion of 
agriculture in anyone year, twenty thousand dollars thereof shall 
be distributed in premiums by the New York State Agricultural 
Society; two thousand dollars thereof shall be paid to each of the 
agricultural societies, agrievultural clubs, or agricultural exposi- 
tions which shall have held annual agricultural fairs, or meetings, 
during each of the three yea:s next preceding such appropriation, 
and which shall have paid g.t each of such annual fairs or meet- 
ings during such three years the sum of three thousand dollars as 
premiums for agricultural interests, exclusive of the premiums 
paid for trials or tests of speeii, skill or endurance of man or beast, 
under the conditions and in the manner provided by section 
eighty-nine of this chapter. / Sev enty per centum of the balance of 
the amount so appropriated shall be apportioned and distributed 
among the various county agricultural societies, the American 
Institute in the City of New York, and any agricultural society 
which has received from the state funds no money except that 
set apart for or distributed to county agricultural societies, and 
thirty per centum thereof among the various town and other 
agricultural societies, agricultural clubs or agricultural exposi- 
tions entitled by this section to receive thirty per centum of the 
moneys received by the comptroller from the tax collected from 
the racing associations, corporations or clubs of the state. Such 
apportionment and distribution shall be made by the commis- 
sioner of agriculture in the following manner: One-half of the 
seventy per centum to be apportioned to such county agricultural 
societies, the American Institute in the City of New York and any 
agricultural society which has received from the state funds no 



121 



money except that set apart for or distributed to county agri- 
cultural societies shall be apportioned and distributed equally 
and the remainder in proportion, .to the actual premiums paid dur- 
ing the previous year by such societies and institute exclusive of 
premiums paid for trials or tests of speed, skill or endurance of 
man or beast. If there is no county agricultural society in any 
county, or if the county agricultural society is not in active opera-_ 
tion as such, then the town society\or societies in such county or 
other agricultural societies in suchlcounty, except the New York 
State Agricultural Society, that would otherwise be entitled to 
share under the thirty per centum distribution referred to in this 
section, shall share jointly in the distribution of such money on 
the same basis as they would if they were a county agricultural 
society, provided such societies sustain a public fair with premium 
list, which premium list and reports |bf such societies shall be for- 
warded and made to the commissioner of agriculture. Of the 
thirty per centum to be distributed among the various town and 
other agricultural societies, clubs or/expositions, one-third thereof 
shall be apportioned and distributed equally and the remainder 
in proportion to the premiums awarded and paid by said society, 
club or exposition for exhibits maqe at the annual fair upon the 
awards or premiums of which the$ seek a portion of the money 
to be distributed, exclusive of premiums paid for trials or tests of 
speed, skill or endurance of man or- beast. No proportion of such 
amount shall be paid to any such/society, club or exposition in 
which the actual amount paid by if as such premiums in the year 
preceding such proportionment is/less than five hundred dollars. 
All revenues which have been or shall be received by the comp- 
troller and not distributed as heretofore provided, and all moneys 
received by him from the tax collected from racing associations 
pursuant to chapter one hundred ^nd ninety-seven of the laws of 
eighteen hundred and ninety-fourAand chapter five hundred and 
seventy of the laws of eighteen hundred and ninety-five, and all 
acts amendatory thereto, or hereafter otherwise collected from 
racing associations, corporations or clubs, shall constitute a fund, 
which shall be annually disbursed pn behalf of the stat^e^Tbr^prize^ 
for improving the breed of cattle, sheep and horses at the various 
fairs throughout the state as hereinafter prescribed. Thirty per^ 



125 

centum of the funds so collected shall be disbursed by the com- 
missioner of agriculture among the agricultural societies, agricul- 
tural clubs or agricultural expositions of the state, which had not,, 
previous to May twenty-ninth, eighteen hundred and ninety-five, 
received appropriations from the state, other than appropriations 
that they received from the fund to be distributed to county socie- 
ties from the fact that there was no county society in existence 
or in active operation within that county, as follows: One-third, 
shall be apportioned and distributed equally and the remainder in 
proportion to the premiums awarded and paid by said society,club 
or exposition for exhibits made at the annual fairs upon the award, 
or premiums of which they seek a portion of the money to be dis- 
tributed, such sums shall only be paid to such societies which have 
received appropriations from the state previous to the passage of 
this act, and are now duly organized under the laws of 
the state of New York, and in active operation, or 
which shall have held fairs annually during each of the three 
years prior to May twenty-ninth, eighteen hundred and ninety- 
five, and which shall have paid, at their annual meetings or fairs 
during such three years, not less than one thousand dollars in the 
aggregate as premiums for agriculture, mechanical and domestic 
products, exclusive of the premiums paid for trials or tests of 
speed, skill or endurance of man or beast, and which shall have 
filed their report with the commissioner of agriculture on or be- 
fore July first, eighteen hundred and ninety-five, as heretofore 
provided in chapter eight hundred and twenty of the laws of 
eighteen hundred and ninety-five. Seventy per centum of such 
funds shall be disbursed by the commissioner of agriculture 
among the various county agricultural societies throughout the 
state, the American Institute in thje City of New York, and 
any agricultural society which has received from the state funds 
no money except that set apart or (distributed to county agri- 
cultural societies, as follows: One-half shall be apportioned and- 
distributed equally, and the remainder in proportion to the prem- 
iums awarded and paid by said society, club or exposition, for ex- 
hibits made at the annual fair upon the awards or premiums of 
which they seek a portion of the money to be distributed, exclu- 
sive of premiums paid for trials or tests of speed, skill or endur- 



126 

ance of man or beast. If there is no county agricultural society 
in any county, or if the county agricultural society is not in active 
operation as such, then the town society or societies in such coun- 
ty, or other agricultural societies in such county, except the New 
York State Agricultural Society, that would otherwise be en- 
titled to share under the thirty per centum distribution referred 
to in this section, shall share jointly in the distribution of such 
money on the same basis as they would if they were a county ag- 
ricultural society, provided such societies sustain a public fair, 
with premium list and reports of such societies shall be forward- 
ed and made to the commissioner of agriculture, and any agri- 
cultural society which has received each year since its incorpora- 
tion, money from the state of the same amount as if said society 
were the county society, shall continue to share in the funds the 
same as though it were actually the county society, on condition 
that it shall fulfill the provisions of this act as to holding fairs, 
paying premiums and filing reports, and any fair association 
which shall have received no money from the state funds except 
that distributed to county agricultural societies, and shall have 
held a fair as required by this act, shall receive from the funds 
apportioned to county agricultural societies in the same relative 
proportion as if it were actually the county society and shall 
share in any part of any year's fund set apart or retained from the 
money apportioned to agricultural societies for that year in the 
same relative amount as any county agricultural society shared 
in the agricultural society funds of that year, and such society 
shall hereafter be subject to all provisions of this act relating to 
county agricultural societies. All agricultural societies, agri- 
cultural clubs or agricultural expositions, entitled to receive any 
portion of the moneys appropriated by the state must hereafter, 
on or before the fifteenth day of December, in each year file 
a statement, duly verified by. the president and treas- 
urer, showing the amount of premiums paid at the last annual 
fair, exclusive of premiums paid for trials or tests of speed, skill 
or endurance of man or beast, which statement together with 
vouchers for moneys paid as premiums shall be filed in the office 
of the commissioner of agriculture, otherwise such society, club 
or exposition shall forfeit its right to participate in the dis- 



127 

tribution of such moneys for premiums paid for such year. No 
proportion of such moneys shall be paid to any such society, 
club or exposition, in which the actual amount paid by it as such 
premiums in the year preceding such apportionment, is less than 
five hundred dollars. Any town or other agricultural society 
in a county in which there is no county agricultural society in 
active operation, and which according to the terms of this sec- 
tion, receives any portion of the seventy per centum of such funds 
apportioned to county agricultural societies, shall not receive any 
proportion of the thirty per centum of such funds. Any such so- 
ciety, club or exposition, receiving the sum of two thousand dol- 
lars under the provisions of sectipn eighty-nine of this act, shall 
not receive any other portion of ihe money appropriated for the 
promotion of agriculture. Any such agricultural society, agricul- 
tural club, agricultural exposition, or agricultural fair associa- 
tion, organized under the laws of 'the state of New York, which 
shall fail or neglect to hold annual fairs and file their annual 
reports as provided by this law, with the commissioner of agri- 
culture for two consecutive years, shall forfeit all of their char- 
tered rights including any privileges or moneys they might there- 
after otherwise be entitled to under this act. Any^agricultural 
society, agricultural club or agricultural exposition which shall 
use, or permit the use of any gambling device, device, instrument 
or contrivance in the operation of which bets are laid or wagers 
made, wheel of fortune, or the playing or carrying on of any game 
of chance, upon the grounds used by it for, or during, an annual 
meeting, fair or exhibition, shall thereupon forfeit it right to 
any moneys it would or might be entitled to receive under the 
provisions of this act; and it shall be the duty of the president 
and secretary, or treasurer of every agricultural society, agri- 
cultural club or agricultural exposition entitled to receive money 
under the provisions of this act, to certify, in their annual re- 
port to the commissioner of agriculture executed under oath, 
on or before the fifteenth day of December in each year, that 
at the last annual meeting, fair or exhibition held by or under 
the direction of such society, club or exposition, it did not use 
or permit the use of, any gambling device, device, instrument or 
contrivance in the operation of which bets were laid or wagers 



128 

made, any wheel of fortune, or the playing or carrying on of any 
game of chance, upon the grounds used by it for, or during, such 
last annual meeting, fair or exhibition, which report shall be 
filed, not later than ten days after the date of its execution, in 
the office of the commissioner of agriculture. If the president 
and secretary or treasurer of any agricultural society, agricultural 
club or agricultural exposition, entitled to receive moneys under 
the provisions of this act, shall neglect or refuse to make and file 
such certificate, such society, club or exposition shall thereupon 
be deemed to have forfeited all its rights to any moneys it might 
otherwise be entitled to receive under this act, but this shall not 
be construed to prohibit horse racing or tests or trials of skill, 
§ 2. This act shall take effect immediately. 



CHAPTER 346. 

AN ACT to amend the agricultural law, in relation to state fairs. 

Became a law, April 10, 1900, with the approval of the Governor. Passed, 

three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Chapter three hundred and thirty-eight of the laws 
of eighteen hundred and ninety-three, entitled "An act in rela- 
tion to agriculture, constituting articles one, two, three, four 
and five of chapter thirty-three of the general laws," is hereby 
amended by adding at the end thereof a new article to be known 
as article ten, and to read as follows: 

ARTICLE X. 
STATE FAIR. 

Section 140. Property in town of Geddes, Onondaga county, New 
York. 
141. State fair commission. 
.142. State fair. 

143. Superintendent of state fair; assistants and em- 

ployees. 

144. Receipts and disbursements. 



129 

Section 145. Expenses of commission. 

146. State and local agricultural fairs not to be held at 
same time. Premiums for county or town agri- 
cultural association, exhibits. 

Section 140. Property in town of Geddes, Onondaga county. — 
The conveyance to the state by the New York State Agricul- 
tural Society of its property in the town of Geddes, Onondaga 
county, New York, by deed dated July twenty-eight, eighteen 
hundred and ninety-nine, and recorded in the office of the comp- 
troller, is hereby accepted, ratified and confirmed. Such prop- 
erty, and any other property hereafter acquired by the state for 
state fair purposes shall be under the management and control 
of the state fair commission as hereinafter provided, and it may, 
from time to time, make rules and provide for the care, preser- 
vation and improvement thereof. 

§ 141. State fair commission. — The state fair commission shall 
consist of eleven members, of whom the lieutenant-governor and 
the commissioner of agriculture shall ex officio constitute two. 
The remaining nine members of such commission shall be ap- 
pointed by the governor, one of whom shall be a member of the 
New York State Grange, one a member of the New York State 
Association of County Agricultural Societies, and one a member 
of the Union Association of Agricultural Societies. Of the nine 
members first appointed hereunder, three shall hold for a term 
of one year, three for a term of two years and three for a term of 
three years. Their successors shall each be appointed for a term 
of three years. In case of a vacancy in the office of the mem- 
bers appointed from the societies or associations above men- 
tioned, their successors shall be appointed from the same soci- 
eties or associations. 

§ 142. State fair. — It shall be the duty of the said commission 
to hold a state fair at such times as it may deem proper, and 
to publish the time of holding said fair in the month of January 
preceding in each year after the year nineteen hundred. Such 
commission may make, alter, suspend or repeal needed rules re- 
lating to such fair, including the times and duration thereof, 
the terms and conditions of entries and admissions, exhibits, 
9 



130 

sale of privileges, payment of premiums, and any other matters 
which it may deem proper in connection with such fair. It shall 
furnish to each person who on the seventeenth day of January, 
nineteen hundred, was a life member of the State Agricultural 
Society, a free admission to the fair ground during the fair of 
each year during the life of such member. 

§ 143. Superintendent of state fairs; assistants and employes. — 
The state fair commission may appoint a superintendent of 
the state fair and such other assistants and employes as they 
may deem necessary. It may prescribe their duties and fix their 
compensation. Such superintendent, assistants and employes 
shall be subject to removal at the pleasure of such commission. 

§ 144. Receipts and disbursements. — The commission shall re- 
ceive all moneys payable to the state on account of said fair, 
and make all disbursements therefrom and also from any appro- 
priation made for that purpose by the legislature as may be 
needed, from time to time, in carrying on the work of the com- 
mission. At the close of each fair, the commission shall pay to 
the state treasurer any balance remaining in its hands received 
in connection with the state fair, and at the same time deliver 
to the comptroller an itemized verified report showing all receipts 
and disbursements for state fair purposes since the last report. 

§ 145. Expenses of commission. — The commission shall receive 
no com pensation for, their services, but shall be entitled to re- 
^eiv^-4he~-ftet«fil~-and' 3 weeessary expenses incurred by them in the 
performance of their duties, to be paid on the certificate of the 
commissioner of agriculture and the audit and warrant of the 
comptroller. 

§ 146. State and local agricultural fairs not to be held at the 
same time; premiums for county and town agricultural associa- 
tion exhibits. — A county or other local association which holds 
its fair during the same week in which a state fair is held, after 
the year nineteen hundred, shall not be entitled to share in any 
appropriation or apportionment of moneys for the current year, 
payable under statute to county or local agricultural societies. 
For the best exhibits by county and town societies, one tbousancj 
dollars in premiums shall be annually awarded, 

& 2. This act shall take effect immediately. 



131 

CHAPTER 390. 

AN ACT providing for horticultural investigations, experiments, 
instruction and information, and for the dissemination of horti- 
cultural knowledge by the agricultural station at Geneva, in 
the county of Ontario, and making an appropriation therefor. 

Became a law April 12, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of Neiv York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. The sum of eight thousand dollars, or so much there- 
of as may be necessary, is hereby appropriated out of any moneys 
in the treasury not otherwise appropriated, for the purpose of 
conducting horticultural investigations, experiments, instruction 
and information, and to disseminate horticultural knowledge, to 
be paid to the New York State Agricultural Experiment Station 
at Geneva, county of Ontario, as provided for in and pursuant to 
section eighty-five of the agricultural law. Such money hereby 
appropriated shall be paid by the treasurer on the warrant of 
the comptroller, upon vouchers approved by the commissioner of 
agriculture. 

§ 2. This act shall take effect immediately. 



CHAPTER 394- 

AN ACT making an appropriation of moneys collected and due 
from racing associations for the promotion of agriculture. 

Became a law, April 12, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. The sum of ninety-eight thousand dollars of the 
amount collected and due from racing associations in pursuance 
of chapter four hundred and seventy-nine of the laws of eighteen 
hundred and eighty-seven, as amended by chapter one hundred 
and ninety-seven of the laws of eighteen hundred and ninety-four, 
and chapter five hundred and seventy of the laws of eighteen 



132 

hundred and ninety-five, and all acts amendatory thereof or sup- 
plementary thereto is hereby appropriated out of any moneys in 
the treasury so collected at the time of the distribution thereof 
as herein provided. Such sum shall be distributed in the man- 
ner provided by section eighty-eight of the agricultural law, and 
in the proportion provided therein for the distribution of such 
moneys, and shall be payable by the treasurer on the warrant of 
the comptroller on the order of the commissioner of agriculture. 
§ 2. This act shall take effect immediately. 



CHAPTER 534. 

AN ACT to amend the agricultural law, relative to violations 

thereof. 

Became a law, April 19, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twenty-seven of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled " An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the gen- 
eral laws/' as amended by chapter oue hundred and forty-nine of 
the laws of eighteen hundred and ninety-nine, is hereby amended 
so as to read as follows : 

§ 27. Manufacture or mixing of animal fats with milk, cream 
or "butter prohibited. — No person shall manufacture, mix or com- 
pound with or add to natural milk, cream or butter any animal 
fats or animal or vegetable oils, nor make or manufacture any 
oleaginous substance not produced from milk or cream, with in- 
tent to sell the same as butter or cheese made from unadulterated 
milk or cream or have the same in his possession with such in- 
tent; nor shall any person solicit or take orders for the same or 
offer the same for sale, nor shall any such article or substance or 
compound so made or produced, be sold as and for butter or 
cheese, the product of the dairy. No person shall coat, powder or 
color with annatto or any coloring matter whatever, butterine or 



133 

oleomargarine or any compound of the same or any product or 
manufacture made in whole or in part from animal fats or animal 
or vegetable oils not produced from unadulterated milk or cream 
by means of which such product, manufacture or compound shall 
resemble butter or cheese, the product of the dairy; nor shall he 
have the same in his possession with intent to sell the same nor 
shall he sell or offer to sell the same. No person by himself, his 
agents or employees, shall manufacture, sell, offer or expose for 
sale, butter that is produced by taking original packing stock or 
other butter or both and melting the same, so that the butter fat 
can be drawn off, then mixing the said butter fat with skimmed 
milk or milk or cream or other milk product and rechurning the 
said mixture, or that is produced by any similar process and is 
commonly known as boiled or process butter, unless he shall 
plainly brand or mark the package or tub or wrapper in which the 
same is put up in a conspicuous place with the words " renovated 
butter." If the same shall be put up, sold, offered or exposed for 
sale in prints or rolls, then the said prints or rolls shall be labeled 
plainly with printed letters in a conspicuous place on the wrapper 
with the words " renovated butter." If the same is packed in 
tubs or boxes or pails or other kind of a case or package the words 
" renovated butter " shall be printed on the top and side of the 
same in letters, at least, one inch in length, so as to be plainly 
seen by the purchaser. If such butter is exposed for sale, un- 
covered, not in a package or case, a placard containing the label 
so printed shall be attached to the mass of butter in such manner 
as to easily be seen and read by the purchaser. No person shall 
sell, offer or expose for sale, any butter or other dairy products 
containing a preservative, but this shall not be construed to pro- 
hibit the use of salt in butter or cheese, or spirituous liquors in 
club or other fancy cheese or sugar in condensed milk. No per- 
son or persons, firm, association or corporation shall induce or 
attempt to induce any person or persons to violate any of the 
provisions of the agricultural law. Any person, firm, association 
or corporation selling, offering or advertising for sale any sub- 
stance, preparation or matter for use in violation of the pro- 
visions of the agricultural law shall be guilty of a violation of 
this act. 
§ 2. This act shall take effect immediately. 



134 

CHAPTER 544. 

AN ACT to amend the agricultural law, relating to tests for as- 
certaining the amount of fats in milk. 

Became a law, April 19, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section twenty-three of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled " An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter thirty-three of the gen- 
eral laws," is hereby amended to read as follows: 

§ 23. Regulations in regard to butter and cheese factories. — 
No person shall sell, supply or bring to be manufactured to any 
butter or cheese factory any milk diluted with water, or any un- 
clean, impure, unhealthy, adulterated or unwholesome milk, or 
milk from which any of the cream has been taken, except pure 
skim milk to skim-cheese factories. No person shall sell, supply 
or bring to be manufactured to any butter or cheese factory any 
milk from which there has been kept back any part of the milk 
commonly known as strippings, or any milk that is sour, except 
pure skim milk to skim-cheese factories. The owner or pro- 
prietor or the persons having charge of any butter or cheese fac- 
tory, not buying all the milk used by him, shall not use for his 
own benefit, or allow any of his employes or any other person 
to use for his own benefit, any milk, cream, butter or cheese or 
any other product thereof, brought to such factory, without the 
consent of the owners of such milk or the products thereof. Every 
butter or cheese manufacturer not buying all the milk he uses, 
shall keep a correct account of all the milk daily received, of the 
number of packages of butter and cheese made each day, and the 
number of packages and aggregate weight of cheese and butter 
disposed of each day; which account shall be open to inspection 
to any person who delivers milk to such factory. Whenever 
manufacturers of butter or cheese purchase milk upon the basis 
of the amount of fat contained therein and use for ascertaining 
the amount of such fat what is known as the Babcock test, the 



135 

bottles used in such test shall before use be examined by the 
director of the Geneva Experimental Station. If such bottles 
are found to be properly constructed and graded so as to accu- 
rately show the amount of fat contained in milk, each of them shall 
be legibly and indelibly marked " S. B." No bottle shall be so 
marked except as herein provided nor shall be used in any such 
test by such manufacturers, unless so examined and marked. 
The acid used in makin g such_ tes t by such manufacturers shall 
be examined from time to time by competent chemists employed 
by the commissioner of agriculture and if found not to be of 
sufficient strength thejuse of such acid shall be prohibited. The 
commissioner of agriculture or persons employed by him for that 
purpose may at any time assist fn/mailmihtests of milk received 
at a butter or cheese factory for] the purpose of determining the 
efficiency of tests usually made at such factory. All persons 
using other than standard bottles or acid which is not of the 
required strength to accurately determine the amount of fats in 
milk, shall be subject to the penalties prescribed by section thirty- 
seven of this article, and shall be guilty of a misdemeanor. 
§ 2. This act shall take effect immediately. 



CHAPTER 559- 

AN ACT to amend the agricultural law, relating to penalties for 
watering milk furnished to butter and cheese factories con- 
ducted on the co-operative plan. 

Became a law April 20, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of 'New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section thirty-seven of chapter three hundred and 
thirty-eight of the laws of eighteen hundred and ninety-three, 
entitled "An act in relation to agriculture, constituting articles 
one, two, three, four and five of chapter twenty-three of the gen- 
eral laws," as amended by chapter four hundred and thirty-five of 
the laws of eighteen hundred and ninety-nine and chapter seventy- 



136 

six of the laws of nineteen hundred, is hereby amended to read as 
follows: 

§ 37. Penalties. — Every person violating any of the provisions 
of articles two and three and sections ninety-one and ninety- 
two of the agricultural law and chapter four hundred and ninety- 
one of the laws of eighteen hundred and ninety-eight shall forfeit 
to the people of the state of New York the sum of not less than 
twenty-five dollars nor more than one hundred dollars for every 
such violation. A person who brings or causes to be brought to 
a butter or cheese factory owned or operated by a co-operative 
association, milk diluted with water or any unclean, impure, un- 
healthy, adulterated or unwholesome milk, or milk from which 
any of the cream has been taken, except pure skim milk to skim 
cheese factories, shall forfeit to the people of the state for the 
first offense the sum of fifty dollars and for each subsequent 
offense the sum of one hundred and fifty dollars; upon recovery 
of the penalty so prescribed, ione-half thereof shall be paid into 
the state treasury, one-fourth shall be paid into the county treas- 
ury, and the remaining one-fourth shall be paid to the treasurer of 
the co-operative association owning or operating such butter or 
cheese factory, to be divided among the members thereof in the 
same manner as the other receipts of such association. When 
such violation consists of the manufacture or production of any 
prohibited article, each day during which or any part of which 
such manufacture or production is carried on or continued, shall 
be deemed a separate violation of the provisions of this article. 
When the violation consists of the sale, or the offering or exposing 
for sale or exchange of any prohibited article or substance, the 
sale of each one of several packages shall constitute a separate 
violation, and each day on which any such article or substance 
is offered or exposed for sale or exchange shall constitute a sep- 
arate violation of this article. When the use of any such article 
or substance is prohibited, each day during which or any part of 
which said article or substance is so used or furnished for use, 
shall constitute a separate violation, and the furnishing of the 
same for use to each person to whom the same may be furnished 
shall constitute a separate violation. Whoever by himself or an- 
other violates any of the provisions of articles two and three of 
sections ninety-one and ninety-two of the agricultural law shall be 



137 

guilty of a misdemeanor, and upon conviction shall be punished 
by a fine of not less than twenty-five dollars, nor more than two 
hundred dollars, or by imprisonment of not less than one month 
nor more than six months or by both such fine and imprisonment, 
for the first offense; and by six months' imprisonment for the 
second offense. 
§ 2. This act shall take effect immediately. 



MISCELLANEOUS LAWS, 1900. 



CHAPTER 171. 



AN ACT to amend chapter three hundred and twenty-five of the 
laws of eighteen hundred and ninety-eight entitled " An act 
to prevent the application of poison to fruit trees while in 
blossom," relative to experiments at experimental stations. 

Became a law March 22, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section one of chapter three hundred and twenty- 
five of the laws of eighteen hundred and ninety-eight, entitled "An 
act to prevent the application of poison to fruit trees while in 
blossom," is hereby amended to read as follows: 

§ 1. Any person who shall spray with, or apply in any way 
poison or any poisonous substance, to fruit trees while the same 
are in blossom, is guilty of a misdemeanor, punishable by a fine 
of not less than ten dollars nor more than fifty dollars; provided, 
however, that nothing in this section shall prevent the directors 
of the experimental stations at Ithaca and Geneva from conduct- 
ing experiments in the application of poison and spraying mix- 
tures to fruit trees while in blossom. 

§ 2. This act shall take effect immediately. 



139 

CHAPTER 333- 

AN ACT to amend the membership corporations law, relating to 
policemen on exhibition grounds of agricultural and horticul- 
tural corporations. 

Became a law April 6, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section one hundred and forty-three of chapter five 
hundred and fifty-nine of the laws of eighteen hundred and 
ninety-five, entitled "An act relating to membership corpora- 
tions, constituting chapter forty-three of the general laws," is 
hereby amended to read as follows: 

§ 143. Police and magistrates on exhibition grounds. — The 
board of directors of any such corporation, or the executive com- 
mittee of such board, may appoint a chief of police and as 
many citizens of this state as may be necessary to act as police- 
men at their exhibitions. The chief of police may also while 
acting as such appoint such additional policemen as he may 
deem advisable. Such chief of police and policemen shall pre- 
serve order within and for a space of two hundred yards from 
and around the grounds of the corporation, protect the property 
within such grounds and space, and eject all persons improperly 
therein, or acting disorderly therein, or who neglect or refuse 
to pay the entrance fee or observe the rules prescribed by the 
corporation. Any of such officers may arrest without a warrant, 
any person whom he has reasonable cause to believe has unlaw- 
fully and fraudulently entered the exhibition grounds of such 
corporation without paying the entrance fee therefor. They 
shall have the same power within such grounds and space, dur- 
ing the time such exhibition continues, and for twenty-four 
hours thereafter, that a constable has by law, in serving criminal 
process, making arrests and preserving the peace. No town or 
county shall be liable to pay any such policemen for services 
rendered under this section. Such corporations may regulate 
or prevent all kinds of theatrical, or circus, exhibitions and 
shows, huckstering and traffic in fruits, goods, wares and mer- 



140 

chandise, of whatever description, and shall prevent all kinds of 
mountebank exhibitions or shows, for gain on the fair days and 
within a distance of two hundred yards of the fair grounds of 
such corporation, as it deems the same to obstruct or in any 
way interfere with the free and uninterrupted use of the high- 
ways around and approaching such fair grounds. A justice of 
the peace of the country in which such grounds are situated, may, 
while upon such grounds, hold a court of special sessions, hav- 
ing the same duties, powers and jurisdictions over offenses com- 
mitted upon such grounds and within two hundred yards of the 
boundaries thereof, as is had by a court of special sessions of a 
town of such county over offenses committed in the town. The 
fines and penalties received by a justice of the peace under this 
section shall, before the close of the fair or exhibition at which 
the same are received, be handed over by him to such society, 
for its use, together with a written report of his proceedings 
during such fair or exhibition. The report shall be in all respect 
the same as an annual account rendered for services in criminal 
proceedings by a justice of the peace of a town to the board of 
town auditors. The justice shall receive as compensation for 
his services under this section his legal fees to be paid by such 
society. The justice shall include in his annual report to the 
board the offenses committed and the proceedings had under this 
section, and the disposition made by him of fines and penal- 
ties collected. The justice shall enter in his regular criminal 
docket the full proceedings of all matters coming before him 
under this section, stating each case separately; and the record 
of such proceedings shall be kept open for public inspection 
upon such grounds during such fair or exhibition. 
§ 2. This act shall take effect immediately. 



141 

CHAPTER 344- 

AN ACT making an appropriation to continue the promotion of 
sugar beet culture, in accordance with the provisions of chap- 
ter five hundred of the laws of eighteen hundred and ninety- 
seven. 

Became a law April 9, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do encd as follows: 

Section 1. The sum of fifty thousand dolla rs, or so much there- 
of as may be necessary, is hereby appropriated out of any moneys 
in the treasury not otherwise appropriated, to be paid in the 
manner prescribed by chapter five hundred of the laws of eight- 
een hundred and ninety-seven. Of such amount the commis- 
sioner of agriculture may expend such sum or sums as he may 
deem necessary or expedient, not exceeding the sum of seven 
thousand five hundred dollars in promoting, by instruction or 
otherwise, and encouraging the proper and economic cultivation 
of sugar beets. This appropriation is made by the legislature 
in continuation of the policy adopted at the session of eighteen 
hundred and ninety-seven in the faith and with the declared pur- 
pose of making direct appropriations from the state for a succes- 
sive period of not less than five years from said first appropria- 
tion, in aid of the permanent establishment of the beet sugar 
industry in this state. 

§ 2. This act shall take effect immediately. 



J 



142 

CHAPTER 543. 

AN ACT to amend the domestic commerce law, in relation to the 
unlawful detention of milk cans. 

Became a law April 19, 1900, with the approval of the Governor. Passed, 
three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. The first paragraph of section twenty-nine of chap- 
ter three hundred and seventy-six of the laws of eighteen hun- 
dred and ninety-six, entitled "An act relating to domestic com- 
merce, constituting chapter thirty-four of the general laws," is 
hereby amended to read as follows: 

§ 29. Unlawful detention of milk cans. — No person shall, with- 
out the consent of the owner or shipper, or his agent, use, sell, dis- 
pose of, buy, or traffic in any can, irrespective of its condition, 
or the use to which it may have been applied, belonging to any 
dealer in or shipper of milk or cream in this state, or which may 
be shipped to any town, village or city in the state, which can 
has the name or initials of such owner, dealer or shipper 
stamped, marked or fastened thereupon, or wilfully mar, erase 
or change by re-marking or otherwise, such name or initials. 

§ 2. This act shall take effect immediately. 



LE N '07 



